Custody of child
Querist :
Anonymous
(Querist) 16 August 2011
This query is : Resolved
Sir, can i take my child from my wife forcefully, or from her school, or can demand equal time spent of child with me , means to stay 10 months with me , as child is with my wife from 10 months..
plss guide..
Arvind Singh Chauhan
(Expert) 17 August 2011
No you can't use force. You should apply for guardianship and visiting right in court.
Querist :
Anonymous
(Querist) 17 August 2011
Sir if i take my child from her school , does my wife has a right to file a F.I.R AGAINST ME,, PLSS CLEAR??
Advocate Rajkumarlaxman
(Expert) 17 August 2011
What is the age of the child? when have you been separated and what is the reason ?
ashok kumar singh
(Expert) 17 August 2011
file appropriate application before the Hon'ble District Judge at your District for Custody of your child from your separated wife, and prays as interim order / relief sought for meeting or visitation to your child once in a week or twice in a week, the Hon'ble Court on perusal of your application and procedure followed in accordance with the Law provide you the relief as sought for by you in your such application.
without the order of the Hon'ble Court, your such action of meeting with the child or taking away your child from your wife become fatal and may raise cause for F.I.R.
thanks,
Querist :
Anonymous
(Querist) 17 August 2011
Dear rajkumar sir, the age of my child is 4 & 1/2 years, & my wife went to her parents home with his father with my consent , but now she is denying to live with me & making allegations on me that i beat her, she is not able to live with me more, it has elapsed 5 & 1/2 years to our marriage,, plss guide..
prabhakar singh
(Expert) 17 August 2011
If you are a hindu your case is governed by section 6 of the HINDU MINONORITY AND GUARDIANSHIP ACT, 1956.it by section6 lays under heading: Natural guardians of a Hindu minor-The natural guardian of a Hindu minor, in respect of the minor’s person as well as in respect of the minor’s property (excluding his or her undivided interest in joint family property), are-
(a) in the case of a boy or unmarried girl- the father, and after him, the mother, provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother;
HENCE FOR A BOY 4-1/2 YOU NEED TO WAIT FOR 6 MORE MONTHS FOR DESIRED CUSTODY BUT YOU ARE ADVISED TO MOVE THE APPLICATION WITH A PRAYER OFCUSTODY AND IN ALTERNATIVE FOR VISITS AS BY THE TIME CASE WILL SEEK FINAL DISPOSAL I GUESS YOUR SON MUST HAVE ATTAINED 5 YEARS.
Querist :
Anonymous
(Querist) 17 August 2011
prabhakar sir , but my child is a daughter , will it make any difference??
prabhakar singh
(Expert) 17 August 2011
NO, NOT AT ALL BOY OR GIRL FATHER IS FIRST GUARDIAN.
girish shringi
(Expert) 17 August 2011
I am agree with Mr. Singh Prabhakar.
