custody of boy kid

This query is : Resolved 
 

(Querist)
15 August 2009

hello,
can a father claim cutody of his son from his (fathers) wife who is living sepratly in her mothers home and the boy is 11 years old, there is total 3 sons and two sons are living with father, and now father wants one son too who is living with mother, kindly tell the relevent law for demanding custody


n.k.sarin (Expert)
15 August 2009

Mr.Kalra Law is well settle in this regard.Father can claim the custody of his son living with her mother,but you have to prove that the future of the said child is far better then with the mother and mother is not looking after the child properly and child's future is not bright with the mother. one thing remember court also see the financial position and status of both the parties and willingness of child.

charudureja (Expert)
15 August 2009

Father is a natural guardian but while deciding the matter od custody court has to consider the welfare of the child which is paramount consideration. if father can prove that if the son lives with him thn he will have better future than by staying with mother, he can obtain custody.
in this case court will ask the child too as he is 11 yrs old, he can decide now as to with which parent he wished to live.

Y V Vishweshwar Rao (Expert)
15 August 2009

I agree with the learned friends !

The Minor up to five years age shall ordinarly be with the mother , after that the Father can claim custody of the Child , if he is with all good intentions and if it is in the interest of the Minor
The Natural Guardian of the Minor is Father and after him , the mother
(sec 6 & 13 ) H M & G Act 1956

SANJAY DIXIT (Expert)
15 August 2009

I agree with the above opinions. Father may very well claim the custody of his third son.

ad. creaminall (Expert)
15 August 2009

i agree with the opnions of all experts. father may claim the custody of his third son.

Sachin Bhatia (Expert)
07 October 2009

Father is a natural guardian and can claim the custody of his son living with her mother,but you have to prove that the future of the said child is far better then with the mother.



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