Advise on child custody


Hello Sir,

I am in the process of filing(still not filed) divorce u/s 13(1)(ia) under cruelty grounds to my wife along with children custody.

I have 2 children, 8 yrs old Daugter and 18 months old Son.

Query : Kindly advise if I need to file both, sec 26 HMA and sec 25 GWA simultaneously in order to take custody of children OR only sec 26 HMA at the initial stage ?

Asking this because my daughter is 5+ yrs and my son is under 5 yrs. I may get custody of my daughter but may not of my son. Please guide me on the same.

Thank you for the kind support.

 

Regards...

Neeraj // Ghaziabad

9818117798

 

 
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Originally posted by : Neeraj Singh
Hello Sir,

I am in the process of filing(still not filed) divorce u/s 13(1)(ia) under cruelty grounds to my wife along with children custody.

I have 2 children, 8 yrs old Daugter and 18 months old Son.

Query : Kindly advise if I need to file both, sec 26 HMA and sec 25 GWA simultaneously in order to take custody of children OR only sec 26 HMA at the initial stage ?

Asking this because my daughter is 5+ yrs and my son is under 5 yrs. I may get custody of my daughter but may not of my son. Please guide me on the same.

Thank you for the kind support.

 

Regards...

Neeraj // Ghaziabad

9818117798

 

Don’t be under the impression that you will get divorce.  Divorce you might get or you might not get.
But certainly you will have to pay maintenance money till your wife dies or till you die.  Children of course you will have to maintain till they are 19.
If they are doing some course till age of 25-30 you need to support them financially.

Custody of kids you wont get.  You might get visitation rights but not necessary that wife will show kids to you or allow you to meet them.  
Going to court will be daily ordeal till the kids turn 19. 
Your alimony case will go on till you die.  So you will have to go to court till you die.
In meantime rounds to High court supreme court also will become order of the day.

What I suggest is, you have some sort of family, let it be like that.  Don’t file for divorce or anything.  If you want to keep one maal, keep.  Maintain some other maal, that is ok.  But once you go to court, you will be doomed.  Stay married and like that you will not need to pay single penny to wife and kids, they will be happy with what they are getting now.

If filing diovrce is absolutely necessary, then there is no need to ask anyone.  Ghoda he maidaan he.

 
Reply   
 



Originally posted by : Neeraj Singh
Hello Sir,

I am in the process of filing(still not filed) divorce u/s 13(1)(ia) under cruelty grounds to my wife along with children custody.

I have 2 children, 8 yrs old Daugter and 18 months old Son.

Query : Kindly advise if I need to file both, sec 26 HMA and sec 25 GWA simultaneously in order to take custody of children OR only sec 26 HMA at the initial stage ?

Asking this because my daughter is 5+ yrs and my son is under 5 yrs. I may get custody of my daughter but may not of my son. Please guide me on the same.

Thank you for the kind support.

 

Regards...

Neeraj // Ghaziabad

9818117798

 

Don’t be under the impression that you will get divorce.  Divorce you might get or you might not get.
But certainly you will have to pay maintenance money till your wife dies or till you die.  Children of course you will have to maintain till they are 19.
If they are doing some course till age of 25-30 you need to support them financially.

Custody of kids you wont get.  You might get visitation rights but not necessary that wife will show kids to you or allow you to meet them.  
Going to court will be daily ordeal till the kids turn 19. 
Your alimony case will go on till you die.  So you will have to go to court till you die.
In meantime rounds to High court supreme court also will become order of the day.

What I suggest is, you have some sort of family, let it be like that.  Don’t file for divorce or anything.  If you want to keep one maal, keep.  Maintain some other maal, that is ok.  But once you go to court, you will be doomed.  Stay married and like that you will not need to pay single penny to wife and kids, they will be happy with what they are getting now.

If filing diovrce is absolutely necessary, then there is no need to ask anyone.  Ghoda he maidaan he.

 
Reply   
 
Advocate

Custody of the children, generally, are given to the mother; only in exceptional circumstances,the father may be allowed custody, that too, of infants. Is there any such exceptional circumstances? Moreover, even if such circumstances are there, how you will be able to take care of them?

 
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How can I meet my children then ? During the pendency of main case.
 
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How can I meet my children then ? During the pendency of main case.
 
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How can I meet my children then ? During the pendency of main case.
 
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Exceptional circumstances are that my wife and in-laws filed false 307 489a 506 4/3 etc etc....on me and my old age parents + my wife admitted in written that she can not live with me if my parents stay with me + wife and her parents do cruelty with me and my old parents. I cannot left my parents alone at this age. I tried to settle down the matter already but wife and inlaws making blocking point on my parents. Is this not qualifies for exceptional circumstances How can I live with wife under such circumstances. I am ready for the maintenance to my both loving children. After all at least I will be able to meet them regularly. Thank you.
 
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Advocate

Don't get carried away by comments made on your post here. If you have good case of divorce on the ground of mental cruelty, please go ahead. Asking the husband to leave the old parents and not to keep them with him or take care in their old age has been considered as act of mental cruelty on the part of wife along with filling false criminal complaints against the husband and his parents and divorce allowed to the husbands on such grounds. You will be allowed visitation for both children even during pendency of the cases.

As far custody issue for both children is concerned, the Family Court has to consider the welfare of the children rather anything else, if the welfare of the children is best when they live with father, than father will be given their physical custody and mother allowed visitation for the children on regular basis and same vice versa.

The application under section 26 for custody/visitation of children along with section 13(1) (ia) HMA for divorce is preferred for now but the main petition for custody of both children should also be filled under the Guardians & Wards Act in the meantime.

As far the maintenance for wife is concerned that she gets only if she has no means to maintain herself, no job no salary or income, but if she is working and has sufficient financial means to maintain herself than she gets nothing, however the maintenance of minor children is responsibility of both parents and as father you must provide your share of financial support for both children yourself and show it in the court even in your application u/s 26 HMA as well the main child custody suit under the GW Act, this will show your good self and get you relief from the court while considering the welfare of your children.


Total likes : 1 times

 
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If you have ample money, simply throw money and buy,

  1. Divorce.
  2. Custody of children
  3. or vistitation rights.
  4. Whether yo uhave good case or bad case, that you will never come to know now.  You will come to know after 10-15 years.  Family court very lienent towar women.  It favor women and you will keep roaming from one court to another. Take mutual divorce, take cusotdy by paying money, get rid of all cases also.  Dont waste time money.
 
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