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Right of mother for child costudy at time of dipute

(Querist) 23 June 2018 This query is : Resolved 
Child is taken by father without inform or permition of mother at the time of spration
Kumar Doab (Expert) 23 June 2018
Which personal law applies in the matter?
Or all involved Hindu?
What is the age of child?
Kumar Doab (Expert) 23 June 2018
Is IT not possible to crease all differences and save the marriage and unite everybody?
Ms.Usha Kapoor (Expert) 24 June 2018
Querist_Answer the questions posed by Kumar Doab?
Ms.Usha Kapoor (Expert) 24 June 2018
If the child crossed 5 years father, A natural guardian can apply under section 7 of Guardian and wards Act for child custody. till then you will hare v8isitation rights.While grating custody to father court keeps in view the child's welfare is paramount consideration and hand over cfhild's custody to father if he satisfies this condition.
Ms.Usha Kapoor (Expert) 24 June 2018
I stick to my above view.
K Rajasekharan (Expert) 24 June 2018
The welfare of the child is the ultimate factor based on which the court decides on child custody issue when it comes up before it.

The court can exercise unfettered discretion based on facts and circumstances in deciding the child custody issue.
Lalit Saxena (Expert) 26 June 2018
There are lots of parameter to take this decision that, who should take the custody of child, like, mental position of parents, health of parents, society for schooling, child interest (Depends child Age may different state to state),nature of separation, safety of child, Drinking/drugs/smoking of parents,monitory status of parents etc, but before proceeding and decision taken by Court no one (either Mother or Father) can take decision to get custody expect mutual consent.


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