help_divorce (SC) 22 December 2011

Child custody

I and my ex-wife under went a MCD four months ago. We have a 2 year, 10 month old son who is currently in her custody.

In the consent terms I agreed to take care of all my child's financial requirements, school fess and medical bills. I am paying Rs 10,000 + his medical bills (if any) and + school fees per month.

I used to take my son homw every Saturday between 10-8. However now the ex-wife has shifted to another city (Bangalore) and I cant meet/take him home.

Can I file for permanent custody of my son? Where can I file for my child's custody? Should it be filed in the area where I am residing (mumbai) or in the area where that lady is residing (Bangalore)? I am taking care of all his financial needs, but yet I dont get any rights. Why should she keep the child when I am taking care of all his needs? She doesnt even allow me to talk to him over the ohone saying that it has not been mentioned in the consent terms.

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13 Replies

Tajobsindia (Senior Partner ) 23 December 2011

@ Author

[That is short comings of badly drafted compromise terms and conditions which many people apply shortcuts to !]

However above comment besides the point file an Application "under change of circumstances" without much delay in same Court which granted MCD. The underlying Jurisdiction read with modification of custody / visitation Orders will undergo via principles of “Parens patriae” which will now get applied to raised issue in your brief.

Search for one of my older posts on knowing more about this principals (which is a well established doctrine of Law which even SC applies in matters of child / minors when in conflict of Law scenarios) here in LCI.

adv. rajeev ( rajoo ) (practicing advocate) 23 December 2011

You can seek the custody of the child by filing a petition under the Guardian and wardship act.

N.K.Assumi (Advocate) 23 December 2011

The age of the child shows that as of now the best interest of the child is the lap of the Mother, and since you have not mentioned the details of the MCD conditions except the expenses for the child it is better to pray for visitation rights as pointed out by tajobsindia.

B_E_S_S___ (Manager) 23 December 2011

^^ Why do you say so? I myself am the guardian of my 4 year old daughter since 2 years now. I got divorced 2 years ago and took custody of my then 2 year old daughter. She is perfectly happy with me now and is being brought up very well by me and my parents.

Tajobsindia (Senior Partner ) 23 December 2011

Originally posted by :B_E_S_S___
"	^^ Why do you say so? I myself am the guardian of my 4 year old daughter since 2 years now. I got divorced 2 years ago and took custody of my then 2 year old daughter. She is perfectly happy with me now and is being brought up very well by me and my parents.	"

???

1. This random outburst is directed to whom i.e. to 1 enquiry above and/or to either one of the 3 replies above???

B_E_S_S___ (Manager) 23 December 2011

It's not an outburst as you sa it, but a response to the post just above mine, and also in general to everyone - why is it a general consensus everywhere that a father cannot take good care of the child?

Sayeed Nazir (Marketing Manager) 23 December 2011

Well said we men hav more afection to oir daughtr noting vil stop us to take custody iam almost going to get her tactics bravenes and a gud adv can do it

Sayeed Nazir (Marketing Manager) 23 December 2011

Do not be lazy go to internet search and study family laws Hire adv who must be a frend of u r make him gud frnd Aply now urg visiting rights vry urg Then for any hellp mail me

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 24 December 2011

Go with the considered advised of Tajobs.....

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

help_divorce (SC) 24 December 2011

Hi Sayeed/BESS,

All advocates whom I approach inform me that I cant get custody of my child as he is a minor. I would like to file for permanent custody of my child.

Can you please let me know what is the procedure to do so? Where can I file this case (in Mumbai or Bangalore) as my son now resides in Bangalore. The MCD was obtained in Mumbai.

I dont enjoy any right with respect to my son, eventhough I take care of all his needs. Please guide me.

dipender kumar (advocate) 24 December 2011

File case in Bangalore (where child ordinarily resides) for permanent custody of the child. File interim application for visitation rights. You get some relief.

rajiv_lodha (zz) 24 December 2011

Of course, the cae will sustain at BANGLORE ONLY.

If u plan to take visitation rights by filing case, these rights will be allowed at BANGLORE, so decide beforehand whether ur conditions allow u to travel frequently from Mumbai to Banglore! Seems ur X has chosen to shift to Banglore just to put an end to to visits by u..............rest, its all my assumption!