Civil Procedure Code (CPC)

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Prasad (Systems Engineer)     19 January 2015

A child cannot speak for itself.

Dear All,


A child cannot speak for itself. 


This is about "the right of a Child to live with both of its parents".


I strongly believe that,


"It is the birthright of a child to live with its parents and the parents are obliged to take care of the child."


I am sure everyone in this forum would accept to the statement above.


What does law say about this?


Why is the child custody always given to the mother, by default, even if she was divorced due to her cruelty?


Why is always father just ordered to pay money for child but not allowed to live with his child?


Is father's money enough for a Child's wholesome growth and safety?

Doesn't child deserve the togetherness of its father?


Is there a law that can send a child's parents to jail if they do not take care of the child?


If there is no such law, why there is no such law?


A child cannot speak for itself. 


Shouldn't the judiciary, law makers and the society come together to protect the child's rights to live with both of its parents?


Without such laws, the "single moms and dads" in India would increase. 


Why should we let our country fall to such a low and do injustice to a child who cannot speak for itself? 


Please provide your valuable comments.

 4 Replies

SuperHero (Manager)     20 January 2015

@Prasad - Interesting thread.


Does the Child need to grow in atomsphere where both Mother and Father fight everyday?


Shouldn't the adults have common sense not to fight before kids, nor shout or yell at each other.


If any one of them gets abused, then the child who observes all the stuff that is going on around would definitely think he shouldn't get married or become a pyschopath or run away from home.


Another one if Father or Mother is an illicit relationship and if the child comes to know. Then what would be going in the Child's mind.


We can see all kind of examples in today's society. 


I definitely agree the Child needs both Mother & Father to share Love, Joy and Happiness and also the parents are responsible to bring them into this world with right attitude, good character, well mannered and helping Nature.

A famous quote by Confucius.

“If there is righteousness in the heart, there will be beauty in the character.
If there is beauty in the character, there will be harmony in the home.
If there is harmony in the home, there will be order in the nations.
When there is order in the nations, there will peace in the world.”

I would pose another question. Why does Old age homes are growing day by day in India?


Shouldn't the Sons and Daughters, Daughter in Laws should take care of them?


In this Materialistic world, Man is running for Money and Money makes many things.


The main reason is Ego, Desire and Temptation. My 2 cents.

Babu (Teacher)     24 January 2015

Dear Prasad,

I support you. Child rights are more important. I need one information - What is the age of child and boy or girl?

Dear Super Hero,

Parents have to change in view of child.  You are also right.  A child  cannot grow happily in atomsphere where both Mother and Father fight everyday. 


I feel If the parents quarrel frequently, it is better to send the children to Govt. custody.   Parents have to  pay the children according to their earning capacity for chid's maintanance and both the parents have to allowed to see the children equally only in the child's place.


commonman   10 February 2015

It should be a punishable offense to separate a child from either of the parents unless the parent are unwilling / uncapable of taking care of the child...

It should not matter whether the parents are married or separated... gender should not matter either...

anilcochin (Proprietor)     13 February 2015

According to statistics, 5% of the total population of 125 cr goes thru divorce. That translates to 3.12 cr couples. Also the number of cases which are not routed thru court are not accounted in the above mentioned statistics. Estimated around 2 cr + children in India are facing the same situation. The child visitation days at the courts are too crowded for any kind personal space to interact with the child, particularly with the very young ones. Result, they grow with one sided affection. The separated parent has no say in the upbringing of the child.

It's in appaling situation. The court process is initially related to the monetary & accusation aspect in the initial stage between the warring spouses.

There is Child & women development ministry, but the are concerned only with violation but not with the proper mental & physical development of children in such situation.

When a women files for 498a & DV she has a Chief Ministerial Officer, Protection Officer & the Public Prosecutor. But for the children, who cannot speak for themselves, there is no one.

The Mediation Officers, who have queue of 50 couples waiting to appear before them, are more interested in knowing the juicy details rather than point out or insist on the warring couple the negative effect on the child.

Do you know of any family court that has  convenient location for litigant spouses to meet their children?

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