Children custody

Querist : Anonymous (Querist) 22 July 2010 This query is : Resolved
Recently in July-10 SC given judgement that father has priority #1 to take custody for their education.

If this can apply in general all such custodial cases.

brief case history
1) wife 498a put in 2006,& 2010
2) 2006 case is stayed in HC
3) 2010 case is yet to be chargesheeted
4) OP pending in family court 2008
5) Wife earns little through petty business
6) children studying 7,12 years (boys)
7) Husband earning through pvt firm
8) wife & husband living separetly

In above situation & based on SC judgement, does father has fair chances in custody of children?

Gods fordbid otherwise statement. Or let the experts say the way out for childrens future!!

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Devajyoti Barman (Expert) 22 July 2010
The supreme court has made it clear that economic might of the father is no ground for custody of the child as in that circumstances he may be asked to fork out more for the custody of the child. It is the welfare of the child which is of prime concern. Without knowing the full details of your case it is difficult to profess the outcome.

s.subramanian (Expert) 23 July 2010
in cases of custody of children,the courts have to consider the matter taking into paramount consideration the welfare of the children under Sec.30 of the hindu minority and guardianship act,1956.the willingness of the children to remain with the father and the habits and antecedents of the father,the safety and weell being of the children in the custody of father will have to be considered by the court.therefore everything depends on the court getting convinced on these matters about the father.

Guest (Expert) 23 July 2010
Could you mention the parties name of Hon'ble SC Judgment that you quote here please ?

Chanchal Nag Chowdhury (Expert) 24 July 2010
The rule is that the interests of the children are supreme. From what U have stated, the father stands a greater chance of custody subject to other criteria, if any, which U may not have stated.

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