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Guardian of Children

(Querist) 11 February 2008 This query is : Resolved 
A husband and wife got separated, with out any order of Court of law. Male child of age 1(since he was feeded by mother)is lived with his mother. Three years later, now the father wants his son to be with him.

Is there any provision for his father to get his son back?

If not, how can a father get back his son living with desperate wife?
anupam_advocate (Expert) 13 February 2008
you can file case in local court under section 7 of the guardians and ward act 1890 for guardianship of your ward
SANJAY DIXIT (Expert) 06 March 2008
The father may file the case seeking custody of the minor child. In regard to the custody of minor, the court is bound to take into account the welfare of the minor. The father has a burden on him to show that the welfare of the minor demands that the custody shall be with him in preference to the mother of minor. The word “welfare” has the widest amplitude. It is to be understood in its widest sense so as to cover the material & physical well-being, education, health, happiness & moral welfare of the child.
Srinivas.B.S.S.T (Expert) 18 August 2008
Only through filing a GOP
G. ARAVINTHAN (Querist) 06 September 2008
Now the child is with mother and she is going to admit the child in school. But Father has means and wants to join his child in a reputed school
Adv.Shine Thomas (Expert) 14 October 2008
In present position there is no provision for father to get his son back because the father and mother are not got separated by the order of the court.
G. ARAVINTHAN (Querist) 16 October 2008
Then what is the remedy for the father to get his son
Y V Vishweshwar Rao (Expert) 01 May 2009
Mr Sanjay Dixit suggestions are correct and the Welfare of the Child is more important . The Welfare including Good atmosphere , society , morals and well being of the Child, education and financial support . These things have to be proved by father to show the court that Child welfare will be in better condition if the Child is in his custody ,than mother's custody
Adv.Shine Thomas (Expert) 01 January 2011
Sec.17 of G&W Act clearly says about the matters to be considered by the court in appointing guardian.Also ref.Smt.Manju Tiwari Vs.Dr.Rajendra Tiwari.
Adv.Shine Thomas (Expert) 01 January 2011

-AIR 1990
shrikant (Expert) 26 March 2012
thanks to all experts

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