Child custody- reg.

ad (Querist) 22 February 2014 This query is : Resolved
If a hindu wife has been tourchered and harass by her husband and other inlaws, and having two children a girl aged 5 years and a boy aged 3.5 years. what is the legality if there are legal fight starts between them. My main question is that who is the custodian of children, as husband is not earning and only wife is doing a job. what action can be taken by the husband for child custody, what laws says. And what are the latest judgements about child custody.
Kindly advise, its urgent.

Regards.

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Nadeem Qureshi (Expert) 22 February 2014
Being the father, husband may file a civil suit before court under GWA for interim custody or custody of child under section 12,& 25 of GWA.
concerned court considering the welfere of children before pass any order.
for judgement you have to search yourself or contact a lawyer personally.

ajay sethi (Expert) 22 February 2014
custody of child is generally given to mother for young children . welfare of child is the paramount consideration . father will generally get visitation rights

Rajendra K Goyal (Expert) 22 February 2014
Custody of children generally given to mother, father may get visitation right. Agree, welfare of children is the main consideration.

Dr J C Vashista (Expert) 23 February 2014
Paramount consideration before the Courts under the provisions of GWA is the interest of minor, where (generally) mother gets custody and father visitation rights (till attainment of 5 years of age)

T. Kalaiselvan, Advocate (Expert) 23 February 2014
Interest and welfare of the minor child will taken into consideration by the court while deciding about the child custody case.