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BRajesh (MRKT)     23 November 2012

Can we ask child custody in dv

can father ask the child custody in DV case.what are the chance to give the child custody to father in DV case.

could you pls share the  your opinion.

and also what father can do to stop the mother to take the independent decision relating to child like change of school or  taking any spiritual places against father family wishes etc.is there wasy to stop mother to do all these kinds of things until legal custody is given to either.



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 11 Replies

stanley (Freedom)     23 November 2012

Only visitation can be granted in a DV case . For child custody you have to go through the Gaurdians and wards act to file for custody . You can convey to the school by way of application that without your permission or signature that a leaving certificate/ Transfer certifcate should not be issued as so  and so case is going on .

1 Like

MRRpersonality (Knows very little about Indian laws)     23 November 2012

Agree with the earlier comment.  DV section 21 can give temporary custody only to the mother, and father may be granted visitation.  One has to approach with GWA petition for grant of custody or guardianship.  Sooner the better, and the challenge is this petition has to be filed in the jurisdictinal court where the child resides.

Chetan Joshi (Advisory/Advocacy)     23 November 2012

Hi...

 

 

Only temporary custody granted in DV Act that to by an application to the magistrate.....

 

 

 

As per prevailing laws, father is considered to be the first guardian and after him the mother...

 

 

 

 

As far as the visits to religious places is considered, let her do.....And come on! it's a child and not an object, have a mutual talk about the child's welfare....court battles provoke distances and invokes hatred....

 

 

 

Regards

 

Chetan(dot)7679(at)gmail(dot)com

Rashid Ali (own practice as a criminal lawyer)     24 November 2012

fully agreed with all comments

ANAMIKA VICHARE (LAWYER)     24 November 2012

You cannot make any application so far as custody/acesss of the chidl.   For this purpose, you better fdile divorce case and pray for permanent custody/access and otfher reliefs....

stanley (Freedom)     26 November 2012

Originally posted by : ANAMIKA VICHARE

You cannot make any application so far as custody/acesss of the chidl.   For this purpose, you better fdile divorce case and pray for permanent custody/access and otfher reliefs....

@ Anamika an application for visitation can be made by a male respondent in a DV case and visitation would be granted .

have a heart foundation (member)     26 November 2012

A Father Can ask for visitation rights under section 21 of DV. As fare as Custody is concerned you can the same under Guardians and Wards Act at the Jurisdiction where the child resides.

There are various Judgements where as Visitation / Access has been granted in DV Case by the Lower Court as well as supreme court.

stanley (Freedom)     26 November 2012

@ Have a heart Foundation 

We request you post a few supreme court judgements where in male respondent has put an application under section 21 of the act and visitation has been granted 

have a heart foundation (member)     26 November 2012

Hi,

Kindly find herewith the Supreme Court Judgement for Child Access in DV 

is that  stanely  from Pune??

Regards


Attached File : 376005420 sc judgement childaccessindv.pdf downloaded: 181 times

stanley (Freedom)     26 November 2012

Yes stanley from pune . By any way are you Mr Jaitan of Child Rights foundation ( NGO ) . I have this Judgement was looking to see if i could get some more of these supreme court Judgements .

A very good ground over here for you to collect cases of people fighting for child  visitation and an opportunity to guide them . 

have a heart foundation (member)     28 November 2012

Originally posted by : stanley

Yes stanley from pune . By any way are you Mr Jaitan of Child Rights foundation ( NGO ) . I have this Judgement was looking to see if i could get some more of these supreme court Judgements .

A very good ground over here for you to collect cases of people fighting for child  visitation and an opportunity to guide them . 

No, im not frm NGO but have taken their advise and benefitted from their good work....  


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