Child custody

Nairita Datta Chowdhury (Querist) 16 September 2013 This query is : Resolved
A lady is a divorcee and the divorce decree was granted in 2008. The child is staying with her since 2005 without his father and since 2005, his father had no contacts with the child in any manner whatsoever. Now she wants to take the legal custody of the child. What should be done to take the legal custody of the child?

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Advocate M.Bhadra (Expert) 16 September 2013
Custody of child generally determined for the welfare of child by the Court at the time of divorce proceeding.Otherwise father or mother can apply as per provision of laws.

Custody under Hindu Law

The secular law for appointment and declaration of guardians and allied matters, irrespective of caste, community or religion, under sec 7 of The Guardian and Wards Act, or under sec.26 of The Hindu Marriage act:

· Minor child, under the age of 5, are committed to the custody of mother.
· Older boys to father and older girls to mother, however there is no hard and fast rule and the paramount factor in decision is welfare of the child.
· The choice of child is considered, above the age of 9 and is only held if it complies with the fulfillment of the welfare requirements of child.
· A mother who is proven to neglect the child in his/her infancy is not handed with the child custody.

adv. rajeev ( rajoo ) (Expert) 16 September 2013
When child with her it is not necessary to go for child custody. If father claims custody, then it can be contested.

R.K Nanda (Expert) 17 September 2013
agree with Rajeev.

Nadeem Qureshi (Expert) 17 September 2013
Dear Querist
File a civil suit before District court under Guardian & wards Act for appointment of guardian u/s 7 read with section 25 of Act. you can file an injunction application under Order 39 rule 1 & r of CPC to get restriction order.
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