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Divorce case & child custody

This query is : Resolved 
 

(Querist)
08 June 2013

I filed divorce case sec 13 i a, wife is contesting. Child aged 6 yrs is living with me from past 18 months. Nobody has filed formal custody case, she asked for temporary custody of child in DV case for few days in winter holidays, was granted. Questions are
1) Can she ask for permanent custody in my divorce case? Any section of HMA available to her in this divorce case OR she has 2 file separate GWA case for the same?
2) In DV case, is there any provision for permanent custody for her / me?
3) She hasn't shown any sign of custody fight so far, child going to school from past 3 yrs, she enjoying visitation only...Is it advisable 4 e to rock the supper & apply for GWA from my my end?


Adv Archana Deshmukh (Expert)
08 June 2013

1) Can she ask for permanent custody in my divorce case? Any section of HMA available to her in this divorce case OR she has 2 file separate GWA case for the same?
Ans- She can file under the GWA or u/s. 26 HMA.

2) In DV case, is there any provision for permanent custody for her / me?
Ans- No.

3) She hasn't shown any sign of custody fight so far, child going to school from past 3 yrs, she enjoying visitation only...Is it advisable 4 e to rock the supper & apply for GWA from my my end?
Ans- If the child is already in your custody then, there is no need to file any petition under the GWA.

V R SHROFF (Expert)
08 June 2013

Custody is separate issue.
Divorce Petition or DV Application cannot give permanent custody .
Separate civil suit is maintainable.

rajiv_lodha (Querist)
08 June 2013

thanx members.
but opinion of above 2 ld. members differs on point no 1
U/S 26 HMA, can she ask for permanent custody? if yes....is this sec26 HMA application maintainable in my running HMA case OR she has to file it as stand-alone case?

ajay sethi (Expert)
09 June 2013

section 26 HMa provides for custody of child and court can pass such ordersas is just and proper for custody , maintenance and education of child consoitently with their wishes wherever possible . wife can ask for custody under section 26 HMA

prabhakar singh (Expert)
09 June 2013

agree with experts.

rajiv_lodha (Querist)
09 June 2013

Means she has to file sec 26 HMA case afreash if she wants this relief, nothing possible of this kind in my running sec 13 (i) (a) case?
Am I right?

Devajyoti Barman (Expert)
10 June 2013

In the same suit it can be filed.

Raj Kumar Makkad (Expert)
12 June 2013

Application under section 26 HMA should be filed in the same petition.



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