Hindu minority and guardianship act, 1956
Suraj Kumar
(Querist) 08 September 2014
This query is : Resolved
Sir,
a) Wife left matrimonial home keeping daughter with husband.
b) Wife having extra material affair and she speaks about 5 hrs / day with her boyfriend as per information provided (call details) by service provider.
c) Wife files 97 CRPC and instantly custody changed by SDO.
d) Husband prays for stay order and custody in High Court u/s 482 CRPC.
e) Wife prays for maintenance u/s 125 CRPC for self and child.
f) High Court passes stay order on order passed by SDO.
g) High court ask petitioner to file custody case before district judge.
1. Please guide the grounds for filing child custody case.
2. Can father prays custody of child as per section 6(a) and 13(2) of Hindu Minority and Guardianship Act, 1956 and under Section 25 of the Guardians and Wards Act, 1890
3. What is the possibility of getting custody of daughter who is now 5 years old?
Devajyoti Barman
(Expert) 08 September 2014
grounds depends on particular circumstances of the case mainly keeping the welfare of the child in mind.
Application u/s 25 of the G & W Act is better option.
malipeddi jaggarao
(Expert) 09 September 2014
Consider the advice of expert Mr.Barman and contact your local advocate (you might have already engaged an advocate) for further action.
Rajendra K Goyal
(Expert) 09 September 2014
Agree with the expert Devajyoti Barman.
ajay sethi
(Expert) 09 September 2014
custody is generally awarded to mother . father can get visitation rights
Raj Kumar Makkad
(Expert) 09 September 2014
You need to avail the services of a local lawyer and follow his advice.
T. Kalaiselvan, Advocate
(Expert) 13 September 2014
You can plead custody of the child on the grounds of her adulterous life as well her extra marital affairs due to which you apprehend your child's future is likely to hamper if it remains in her custody. Discuss with your lawyer and proceed as per his further advise.
