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Anil (salesman)     03 May 2013

Can i claim the custody of major child

Can i claim the custody of my child as well as my property as he is major and my wife have relation with other person from last 5 years i came to know before 2 years and know she  want divorce from me also my child's brain has been white washed by her as she owns many property by her name and owns a business i poor doing a low profile job. these days.

advice me how to proceed with my case



Learning

 6 Replies

Adv Archana Deshmukh (Practicing Advocate)     03 May 2013

There is no need to file any case. You can just ask your child to reside with you and he can do so if he wishes. Custody cases are filed in respect of minor children and not major ones. A major person is entitled to take his own decisions and choose where he wants to reside. 

2 Like

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     03 May 2013

U Can file petition in tthe court for getting custody of the child,,,,where the child would be called and the court would ask the wish of child. As per his/her wish....the custody would be handed over to the husband/wifewith whom he/she wants to reside. 

Tajobsindia (Senior Partner )     04 May 2013

Originally posted by : RAKHI BUDHIRAJA
  U Can file petition in tthe court for getting custody of the child,,,,where the child would be called and the court would ask the wish of child. As per his/her wish....the custody would be handed over to the husband/wifewith whom he/she wants to reside.   


Forced to say legal IQ of some of the new Advocate’s of Hon’ble SC are now that of less than 5 years old child’s.
Reasoning:-
Settled Law of Family Law Courts in
India defines “legal guardianship” of a child under the age of 18 years.  

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     04 May 2013

I compeletly agree with Adv. Archana

Prasad (Systems Engineer)     23 January 2015

A child cannot speak for itself. 

Let's honour the right of the child to live with both of its parents.

 

https://www.lawyersclubindia.com/forum/A-child-cannot-speak-for-itself--115462.asp#.VMJI9keUeL0

help   21 February 2016

hello expert,me and my wife seperate around 8 yrs and after seperation she applied divorce case against me and after 6 yrs of divorce fight  we both agreed for mutual divorce than we agreed custody of girl child with mom because from birth she was with mom and child is attached to her and my ex is also and  i got the visitaion. when i go to visit my child she is not ready to come....my question is that my ex-wife is going to marry can i get the custody of my child that she is going to marry? can give me the suggestion....I dont pay any maintance to my child ..........can i file case that she going to do second marriage and she is not ready to give the custody of child in any case to me .....pls reply

 


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