child custody

siranjeet (Querist) 24 December 2010 This query is : Resolved
my is govt. engineer & his wile is UDC in govt. dept . they seperated 3 year back & have 2 sons , 7yr &5yr respectively who are in mother custody. my friend got ex parte RCR decree in oct 2009. his wife applied to set aside exparte RCR decree which is likely to be in favour of my frend but pending in court. by knowing fate of this case she filed case u/s 125crpc for maintenance for her & 2children.
1) can she take maintenance as she is earning 25000 monthly.
2) can she take maintenance as not obeying RCR
3)CAN she take maintenance for children
4) if we apply for custody of children what will be the fate as applied for maintenance
5) what is criteria of deciding custody children
6) is will of children is factor for custody as children maynot recognise his father as she not allowed him to meet children from last 3 yrs .
7) as father is intersted in custody what points he should raise to get custody successfully

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siranjeet (Querist) 24 December 2010
typing error read 'my' as my friend &his 'wile'as his wife

Y V Vishweshwar Rao (Expert) 24 December 2010
The maintenance of the Children is Duty of both the parties - Husband & wife -

Custody of children-It is willingness of the Children & welfare of the Children - and orders of the Court will be according to the circumstances of the case - The Child care is paramount interest of the Court - The Court will decide on application for custody by husband .

Father has right to visit sons - Court can pass orders - love & affection of father to Children can not be denied - father will be allowed by Court to visit his sons during pending litigation /RCR- Sec 125 Cr P C Case - Child Custody case .
with regards

s.subramanian (Expert) 24 December 2010
Yes. I agree with Mr.Rao.

siranjeet (Querist) 24 December 2010
can she take maintenance according to above described factors
2)willingness of children will be towards mother as described above then what will be fate of custody

Khaleel Ahmed (Expert) 24 December 2010
You have stated that, willingness of children will be towards mother.She can get maintenance from her husband to maintain their children , who are in her custody.It will be futile if he files the case of custody of children.

Devajyoti Barman (Expert) 24 December 2010
1. no
2.yes
3.yes
4. you may get visitation and not the custody unless a very stroing case against your wife could be made.

5. welfare of child alone.
6.yes
7. welfare of the child.