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Raajeev Sampat. (Self employed.)     24 August 2011

Child custody to father

Please advice.

1)If wife continues to have more than friendly relations with her friend during her marriage and there is email proof of their conversations+snaps of them together on an overnight stay on the beach.Is it enough for her husband to get custody of his children from her?

2)If husband has borrowed money from her father does it come in the way of his child custody case?


 13 Replies

M.Sheik Mohammed Ali (advocate)     24 August 2011

whats your query ? your query is vague ? how old are child ? male or female ?

Raajeev Sampat. (Self employed.)     24 August 2011

Daughter is nine years and son is three years old.I am asking if the father has email proof of his wife having more than friendly relation with her friend and has snaps of his wife and her friend alone on the beach on an overnight stay is it enough to get custody of his children from her.

And if he has borrowed money from her father will it come in the way of his child custody case against his wife.

adv. rajeev ( rajoo ) (practicing advocate)     24 August 2011

The ground you have mentioned in not the ground to seek child custody.  You have to prove that mother is not at all taking care of the chidren .

Raajeev Sampat. (Self employed.)     24 August 2011

In addition to what i have mentioned,the mother works from 8 a.m. to 10 p.m.Monday to friday and saturday teaches in a fashion institute.The children are with her mother at home ,her father also is away and has a nine to five job monday to saturday.

Adv. Vaishali Karloopia (lawyer)     24 August 2011

A decree of divorce can be filed on the ground of adultery by wife. After divorce the judge will about decide the custody of the child depending on the situation. After divorce the husband has to give his wife maintainence. The question here is the husband has to proof the allegations of adultery and mere spending a holiday with one's friend is not a matrimonial offence,

Raajeev Sampat. (Self employed.)     24 August 2011

The wife has already given him the divorce agreement to sign when she claims no maintenance and no permanent alimony from the husband and the husband has a letter from her stating that she has no monetory as well as property claim from her husband as well as his family members permanently.With this in hand can she still get maintenance from the court after divorce?

G. ARAVINTHAN (Legal Consultant / Solicitor)     24 August 2011

This is not a valid ground for getting custody of child. That ground can be agitated for getting dissolution of marriage

Shaulabh Shah (advocate)     24 August 2011


In my opinion,

you may entitile for the custody of your child legally....and second thing..borrow of money is not ceate any hurdle in your way...

Reply By: Shaulabh Shah Advocate


Tajobsindia (Senior Partner )     24 August 2011

@ Author


Your ideas of ideal 'custody' going to father based on presented briefs are not sufficient to sway ld. Judge’s conscious (read  as concerned Court consious) if ever a custody case on floor of concerned Court.


The thumb Rule in such matters are more or less governed by S. 17 of Guardianships and Wards Act and same is re-produced for clarity and cautioning where the 'test' of the concerned Court lies.


S. 17 in The Guardians And Wards Act, 1890


17. Matters to be considered by the Court in appointing guardian.-


(1) In appointing or declaring the guardian of a minor, the Court shall, subject to the provisions of this section, be guided by what, consistently with the law to which the minor is subject, appears in the circumstances to be for the welfare of the minor.


(2) In considering what will be for the welfare of the minor, the Court shall have regard to the age, s*x and religion of the minor, the character and capacity of the proposed guardian and his nearness of kin to the minor, the wishes, if any, of a deceased parent, and any existing or previous relations of the proposed guardian with the minor or his property.


(3) If the minor is old enough to form an intelligent preference, the Court may consider that preference. 1[


(5) The Court shall not appoint or declare any person to be a guardian against his will.


If intending 'custody' of children shall go in your favour is what you are asking us then promptly work around showing to concerned Court ample efforts around S. 17 GWA.

Off topic suggestion on this brief: There is more personal issues than what meets scrutiny of the presented briefs is my neutral observations. However without touching root cause of you two's hidden facts from public domain the presented brief also hints of ideal parting of a couple (read as two adults) under family law and it is suggested to at this stage opt for the same and simultaneously grow in "trust" inside other spouse to atleast allow "partial visitation" and when children reaches a ‘reasoning age’ the non-custodial parent may file appropriate custody petition in Jurisdiction court. Contesting now on multiple platform when most crucial issue is already given up by one spouse shall robb away children innocence indirectly.

However you may totally ignore acting on my off topic suggestion as ideated above as it is afterall your cause and you are better person to service a case than forum writer(s)!  

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     25 August 2011

The question is multifold.


a) If adultery is proved, then it might be a ground for deciding child custody as the adultrous lady can not give good upbringing to the child of impressionable age.


b) There are few judgements, which relate to spending one night in closetly envionment with a man who is not a blood relative as enough proof of adultery.


Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     25 August 2011

a) If Adultery is proved, it can be a ground of granting child custody to you, as an adultrous wife should not have the custody of children of impressionable age.


b) Few High Courts have accepted spending night in closetly envionment as enough proof of adultery, as no photographic/ videographic evidence is possible in such scenerios.

Female Activist (housewife)     25 August 2011

what is this? cannot a woman have nioce platonic relationship with any man. u r a scumbag

Raajeev Sampat. (Self employed.)     26 August 2011

A woman can have a platonic relationship with a male friend as long as there is a line drawn during her marriage.If she says he is a good friend  and is caught having a physical relationsip with him despite being married  ,

is it fine miss.female activist?

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