Custody of children

Adv Vikramsinh Mohite (Querist) 16 March 2013 This query is : Resolved
Hon'ble Experts,

Wife of my friend has filed domestic violence case against my friend. She is staying with her parents for the last 1 year. In DV application she has claimed custody of 2 children aged 12 and 10. Children are not ready to go with her.

Can she get the child custody in such circumstances.?

What are the remedies available to my friend?

Kindly advise.

Thanks

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ajay sethi (Expert) 16 March 2013
your friend should inform the court that children dont want to stay with her mother . welfare of child is paramount consideration . court will consider wishes of the child while awarding custody

R.K Nanda (Expert) 16 March 2013
agree with Sethi.

Nadeem Qureshi (Expert) 16 March 2013
Dear Querist
filed a case for guardian and ward act for appointment of Guardian of the children read with Order 39 rule 1 &2 of CPC for stay/restraining her to meet children.
The Walfare of child is the main object of the court, if the children are not ready to live with her the court can'not pass any order in her favour.
Feel free to call