child gurdianship u/s 25 ???????????

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Section 13 - Divorce :-

1. Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party
   1. has, after the solemnization of the marriage, had voluntary s*xual intercourse with any person other than his or her spouse; or
   2. has, after the solemnization of the marriage, treated the petitioner with cruelty; or
   3. has deserted the petitioner for a continues period of not less than two years immediately preceding the presentation of the petition; or the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.

please asnwer about u/s25 and what to do take this case in my favour.

thankx

If the child is well settled in the residential school, the tendency is this that the child will not be disturbed and allowed to continue in the boarding school with visitation rights to the  mother, as he is already in your custody. The court may think it appropriate to look into the fact how well settled  is the child  emotionally in the residential school.

Please wait for more opinions coupled with some good judgements similar to your case. The case of the child 's custody is decided not in favour of Mother or father but in favour of the best interest of the child, and here the honorable judge can use his/her own discretion keeping child 's interest in the centre.

@ Author

You have come a long way as I participated into no. of your previous postings and glad to know inspite of different remarks of various authors you have preserved the 'best interest' of child as paramount. Gr8 to hear this.

May suggest;

1. Not to delay attending S. 25 GWA and using Laxmi Kant Pandey authority which I already posted some months back int he family law forum file S. 17 GWA R/w S. 151 CPC application to dispose her S. 25 GWA in 2 months time bound executive Order as it it is not in the interest of child to prolong litigation.


2. Now what I assume here from your so many previous briefs and this latest one is that the hon'ble Court will not disturb the 'status quo' and if you can manage ot produce the 'conduct re. HC abiuse of process of law' into the perception of ld. Judge at GWA proceedings he will formulate a middle way out whose 'option' also you as natural guardian (S. 6 HAMA) you have to propose. Option 1 custody of child retained with father stress here on S. 6 HAMA R/w S. 17 GWA where by the position becomes very clear. Option 2 suo motto visitation as per best interest of child to mother. Note here, both options will be now contested by mother then you have to stress the bar of 2 months forcefully and Court will naturally protect "best interest of child" as in not like to disturb the present equation - status quo and the case is in favor of child at the end. Also note under custody matters technicalities are not hindrance of the Court and following to the point CPC is frowned upon in custody matters by various HC including Hon’ble SC so place the reasoning well therein.


3. In your case 'conduct' of mother needs more stress and such conduct influence on a child. Who knows she will be completely barred even from visitation and for the same catena of decisions of more or less similar facts from SC to various HC's are there.


I am noticing that your child is progressing under your care quite good all these months since your very first mail dozen months back if referred to....

All the best....