Child custody

This query is : Resolved 

Querist : Anonymous (Querist)
04 December 2020

My wife and I are govt employees and residents of Rajasthan. She left our 3-month-old son in March 2017 and then filed a 498A case in October 2017 and Sec -13 (divorce under cruelty) in 2018.
In her cross-examination of 498-A, she accepted that she had denied to take back (accept) her son in front of the Police and she never asked for her son in the family committee. She has also denied taking back her son in front of 498A Judge in 2019.
As she is also working, I had filed maintenance of our son through sec 125 in 2018 and the Order of interim maintenance of Rs. 7000, which was passed in Feb 2019.
In October 2019, I also filed a case of recovery of maintenance for my son from her. Now In Feb 2020 she has applied for custody of her son under Section 7, 10, 25 just to avoid maintenance and pressure me and my family.
(1) Can the court still grant her custody of our son in the above circumstances, please advise?

N.J.S.Rajkumar alias narasimhaOnline (Expert)
04 December 2020

Narcissistic Personality Disorder -- Some one so evil that they are willing to jeopardize any body's future including their own Children.. Its just frustrating have to fight for your family like this. This shouldn't have to happen. This is all because some one is selfish, controlling, lying, manipulative, vindictive . and abusive. They will use their own Children to help them in a misleading situation and in their sickass mind it's no biggie. Ultimate sufferer would be the Child. Normally in case of Child Custody the Mothers would be given the Priority. But in your Case it could be Legally Justified with Valid Grounds what you had stated. Discuss with an Local Senior Advocate. Certainly Courts would seek the Willingness and Decision of the Child after all this..

Rajendra K Goyal Online (Expert)
05 December 2020

Reply to your question depend on the Court. It is to be satisfied regarding the future of child / safety of the child / education / better future / the interest of the child.

Both sides would try to satisfy that living with him / her would be in the best interest of the child. It is court to arrive at a conclusion.

Generally, custody of such a minor child is given to mother. She refused to keep it with her before the court.

The fact favors husband. Husband may argue that she is interested only to save the maintenance and not interested in better development / progress / education of the child.

P. Venu Online (Expert)
05 December 2020

The court is already seized of the matter. Based on limited facts, it is impossible offer any suggestion.

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