Custody of daughter...
Guest
(Querist) 22 August 2014
This query is : Resolved
I m married in 2012...& after 1.5 yrs she was gone her father house with daughter by her own ......i filed divorce case against her on the basis of cruelty in july 2014...have enough evidence & i m giving maintenance of both...my daughter is just 1.6 yrs .....my question is that can i filed a case for custody before 5 yrs???...now...she is just 1.6 yrs...what court will do in this situation?????
ADV-JEEVAN PATIL, MUMBAI
(Expert) 22 August 2014
U may if ur Mrs unable to take care of ur child n educate. However chances are minimal since child need mother at this age
Guest
(Querist) 22 August 2014
ok...she may able...by taking maintenance by me .....& that child not required father........????????????
Guest
(Querist) 22 August 2014
how much minimum time ..i have to wait........for filing custody case???????????
Anirudh
(Expert) 22 August 2014
Dear Vikas,
Please note, at best you will get visiting rights.
The Court will be reluctant to give custody of your girl child to you, for quite longer time than you can anticipate.
That's the reality.
Devajyoti Barman
(Expert) 23 August 2014
Mr Vikash, it is a lawyer's platform.
Do not post here in sms language.
You will get visitation right during the pendency of the suit for custody. This is for sure and if you can establish good bonhomie with the child then you can expect good order sooner than later.
ajay sethi
(Expert) 23 August 2014
you wont get custody of your daughter . but will be granted visitation rights
Rajendra K Goyal
(Expert) 23 August 2014
Maintenance has to be paid and custody of the child would not be provided to you as per trend. You may get visitation rights.
Dr J C Vashista
(Expert) 23 August 2014
I agree with the experts, apply for custody as well as visitation, you shall be granted visitation (if custody is disallowed-more probable). However, you cannot escape payment of maintenance to both of them.
Shonee Kapoor
(Expert) 23 August 2014
I disagree with other experts. Having got the custody of the child myself. The odds are stacked against you, but that in itself is not a reason to be disheartened.
As said by one famous poet.
KAUN KEHTA HAI ASMAN MEIN CHED HO NAHI SAKTA, EK PATHAR TO TABIYATSE UCHALO YARON
File with all available facts, the chances of getting child custody is slim if you fight for it, but it is ZERO, if you don;t fight for it.
Regards,
Shonee Kapoor
www.shoneekapoor.com
Facebook: www.facebook.com/shoneekapoor
twitter.com/shoneekapoor
Yahoogroups: http://groups.yahoo.com/group/sahodar
If you don't fight for what you want, don't cry for what you LOST.
Guest
(Querist) 25 August 2014
Shonee Bro.....thanks....& thanks to all....... i Must fight for my rights....
T. Kalaiselvan, Advocate
(Expert) 27 August 2014
Yes, you have been advised very well by all experts, go ahead with whichever suits you.
