Custody of child -

Guest (Querist) 31 August 2011 This query is : Resolved
sir,

need valuable guidence from this forum.

situation - divorce case (u/s 13 of HMA) filed by husband in jan 2011 on his wife. wife has accepted the divorce in her application to honourable court. the case is staged at BAHAS (of advocates). verdict from court expected in next 10 days.

the question is
1. on the custody of child (06 years boy) - as to who (husband or wife) who will have custodial rights on the child - here pls note that husband has not yet made a claim on the child.
2. if in case the custody of the child is with mother, then is the husband (father of child) supposed to pay for the child's maintenance and if so on what basis this precedent will be set by the honourable court.
3. in this situation/standstill, can the husband ask for the custody of the child, if so under what rule and is there a age limit of the child to effect the decision by the honourable court.

kindly advise, looking forward to have guidence.

thanks again.

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Devajyoti Barman (Expert) 31 August 2011
If the wife has accepted the claim of the husband then where is the occasion for bahas?
Anyway
1. Mother
2.Yes as per the status of the father of the child.
3.Yes under Guardian and Wards Act. FoR interim custody under section 26 of HMA.