custody of minor boy 6yr &12 yrs girl

Querist : Anonymous (Querist) 24 July 2010 This query is : Resolved
I Am married Matnal uncle(age:30) of orphan childrn 6 yrs boy & 12 yrs girl while opponent Paternal granma(age:54).In Accident father and mother of childern died and childern were also serious but now recovered and looked after by me only.All expenses ,care taken by me . Grandma dont have affection towards childern nor towards her daugther in law when she survived for 9 days on oxygen. still she applid for gurdianship of minor against me.
At what age Intelligent prefrence of childern can be considred?is there any legal provisin for this.

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niranjan (Expert) 24 July 2010
I believe that if the child is in good capacity to give his/her intelligent preference it can be considered.Six years boy must be going to school and I do not think that court will think that he is tutored.Girl's intelligent preference will definitely be considered.

Chanchal Nag Chowdhury (Expert) 24 July 2010
U have not stated in whose custody the children are.
As per the law, in the circumstances as stated by U , U may also move for guardianship. Remember,the interest of the children is supreme.

Guest (Expert) 24 July 2010
1. In custody cases so to speak it is settled Law that if a child can be conscious and intelligently understand the questions asked to him / her then that age is considered as intelligent age before Hon'ble Judge.

2. However average age I have read about based on studying various custody case laws for intelligent expressions considered by international Courts is 11 years so to speak.

3. Always believe in faith in child custody case and without prompting a child do your natural karma, if the child is meant to live with you then no act of God will alienate a natural guardian so to speak.

Yamalapalli Haribob (Expert) 24 July 2010
As per your contention you are showing most interest on the children.you are also got treating the children and looked after them.In my openion u are going to win the case.But you have to show the court your interest that u are the only person to protect the children.In my openion there is no necessity to move application for guardianship of the children by u,but u have to contest the petition fild by grandmaa of children.