Child custody

dipankar (Querist) 06 March 2025 This query is : Resolved
I applied for permanent child custody under Act 8 section 25.I did not apply for any visitation rights under section 12.My son's present age is 10 years.
My case was ex party as my wife did not appear before court.
But the district court gave final order stating that that the court is not convinced to hand over permanent child custody to me keeping my child's age in consideration and gave me visitation rights every 1st and 3 rd Saturday.
Now my question is as I did not apply for any visitation rights can district court pass such a final ex party order , where in I applied under section 25. for permanent custody.
Next what should I do?Is this a wrong order?

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Quick Summary

A father applied for permanent child custody but was denied by the court, which instead granted him visitation rights. The court's reasoning cited the child's age, suggesting mothers typically retain custody until majority. The advice given is to follow the court order, but an appeal is possible if the father believes the decision was unjust or didn't grant the relief sought.

kavksatyanarayana (Expert) 06 March 2025
No. The child should be under the mother's control only until the boy or girl attains majority. A father cannot get permanent child custody, hence the court orders visitation rights. Follow the court orders.

T. Kalaiselvan, Advocate (Expert) 06 March 2025
If you are aggrieved by the court order nothing prevents you from preferring an appeal against the aggrieved judgement

Dr. J C Vashista (Expert) 07 March 2025
You may prefer an appeal against the orders passed by the Court.

P. Venu (Expert) 16 March 2025
The decision cannot be said to injudicious. You can appeal on the ground of decision being short of the relief you had sought.

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