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JAGJIVAN TUKARAM BHEDE (Advocate)     16 September 2010

Citations on custody of 1yr male child custody to father

Dear All,

Please help me with any citations if you have regarding 1yr male child custody given to father.


 7 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     16 September 2010

There is no such citation if the dispute of custody pertains between husband and wife.

2 Like

JAGJIVAN TUKARAM BHEDE (Advocate)     16 September 2010

The case is like -

There is no divorce in between husband and wife. wife resides at remote place village and husband in a district place both are working and deserted. The wife inlaws are max taking care of child. The wife has harmonal imbalance and some infections medically. The husband has already sent legal notice to the wife to settle with him at his hometown but wife is not ready and having govt job transfer problem or she doesn't want to live her job n settle with husband.  her inlaws are demanding ransome money to protect n care for child but not giving the custody of child to his father. father is ready to give her wife to & fro ticket fare from his native place to her job...but need the child should be at his home only..with joint family wl take care of the child...

as we study hindu minority act the place of minor ordinarily considered as father's place of residence and mother cannot deprive ..

. " As per the Guardian and Wards Act, 1890 and Hindu Minority and Guardianship Act, 1956 a Hindu father is recognized as the legal guardian of his male and unmarried female minor children in preference to the mother, and the mother cannot remove any child from the father as to deprive him of the custody and guardianship of the child." In re, Prankrishna 8 Cal 969 (971); In re, Himnath 1 Hyde 111, Ma Thein v Maung Po Gywe 8 Bur LT 73; 29 IC 890 (891) and Radha Laxmi v M.V.C. Sastri AIR 1953 Mys 123.

So like this there is if any citations where court has ordered to be child with father and mother also should be taken care...if u got pls let me know

Tajobsindia (Senior Partner )     16 September 2010

Dear Author,

Further, few helpful “reasoning” for your kind preview to build up your clients case;

1. In Shoib @ Shebu v. Sabir Ali the Allahabad High Court while conceding the entitlement of the mother the custody of her male child until he has completed the age of seven years held that the welfare of the child would be kept in view before deciding the custody. In that case in fact the son who was only 4 years of age was allowed to remain with the father and the Court without arriving at any adverse conclusions regarding the mother's character or conduct decided that it was in the paramount interest of the 4 year old son to allow him to remain with the father and the father's family.
Re.: 1986 (II) DMC 505 at 506 (All, HC)


2. In Bilkis w/o Munne Khan v. Munne Khan, a Mohammedan wife who was living separately from her husband filed a petition for custody of her minor son aged about 2 1/2 years. It was found that she was residing at a distance from the husband's home and neglecting the child even when their relations were cordial. On these facts the court held that it was not in the interest of the welfare of the child though the child was of tender years to give his custody to the wife. Custody of the child therefore was given to the father.
Re.: 1987 (32) M.P.L.J. 430 

3. In Y. Varalakshmi v. Kanta Durga Prasad
, the Division Bench of the Andhra Pradesh High Court gave custody of 5 year old boy to the father in the interests of the child. The child had been happily residing with the father and his parents when the mother had applied for custody. The trial court refused custody to the mother and the appeal court upheld the refusal.
Re.: (1989) 1 DMC 379

4. In Lekh Raj Kukreja v. Smt Raymon,
the Court was concerned with the question of the interim custody of a minor male child aged 11 years. The trial court gave the custody to the mother on the ground that the minor son would then be in the company of his sister whose custody was with the mother. Further in revision it was held that the father was the natural guardian and that the welfare of the child also demanded that he should be in the custody of his father especially as the child himself also showed an inclination to stay with the father
Re.: 1989 (38) DLT 137

5. In Shailaja J. Erram v. Jayant V. Erram
, once again the same question was decided by a Bench of the Bombay High Court in the same manner. In this case the mother was a working woman and remained outside the home until 4 p.m.
The minor - a son - expressed his desire to reside with his father. The Court found that the minor was getting his education properly and that the aged parents of the father were in a position to look after the minor for the whole of the day. In these circumstances the Court came to the conclusion that the welfare of the minor demanded that he should be with the father and his family and not with the mother.
Re.: 1990 (2) Mah LR 492

R.Ranganathan (Advocate)     16 September 2010

Mr. tajobsindia, Very good contribution in the matter. I thank you on behalf of the author also, lest he forgets to thank you.

valentine (Advocate)     12 October 2010

Dear Mr. Bhide,

I have no doubt, as a lawyer you must be aware of all rules on the topic. In any case of child custody, child's welfare is of paramount importance. If the court feels that the welfare of the child lies with the father, then the custody would be given to the father. But generally for 7 years, mother's care is advisable and hence in most of the cases, custody is given to the mother except in rare cases adverse view is taken. Besides, father's overall condition, his family background etc. are also very import in consideration of custody. In my opinion court would decide the custody in favour of the mother in most of the cases.

Prateep (Lawyer)     12 October 2010





Attached File : 40 40 child custody.doc downloaded: 808 times

Anudeep Bedi (AM)     23 February 2012

Respected Learned Lawyers,

In my case, my wife  took away my 13 days daughter (born on 21/02/2010)  from my house to her mothers house with her. She did not wanted to return. On the intervention of the mediator who fixed our marriage, I shifted to his house on rent and called my wife and daughter to stay with me. On the pressure of the mediator, she came and started living with me. She stayed for 6 months and left the house along with my daughter in my absense. Her mother stays at Gaziabad in october 2010.

I tried to pursuade her to come back but all my efforts went in vain. Finally, I filed a case under secition 9 for RCR in Delhi, she delibrately avoided to receive the summons and filed a case under section 125 at Gaziabad blaming me that I ask dowry and to fullfil my greed, I bring my friends to her to have s*xual relations with her. She has been thrown out of the house and is not able to maintain herself and the daughter as she is staying with her widow mother.

Some how, I was able to deliver the summons of my RCR case. She filed an application under section 24 along with the reply. I requested the case to transfer the case to medaition cell and it was compromised that we will give one more chance to each other and will stay together at some rented house and she will withdraw both the cases i.e section 125 and 24.

I shiftet to new house in august 2011and did all my efforts to save the matrimonial life for the sake of my daughter. I even came to know that she had not given the necessary vaccination to my daughter during the time she did not stay wih me. I immediately did the needful.

But again on 3rd February she left the house and again took away my daughter and is not letting me meet her. 

Now i want to file the case for the custody of the child. What are the chances.  She is merely a graduate and her mother is widow and staying at gaziabad. She has two brothers who are staying some where else.

I am MBA and a govt. servant. My parents have their own house at dwarka. My mother is pensioner and my father is dependant on me.

I can bring up the child far far better than her mother. What are the chances of getting the custody? 

Please advice me ASAP. Thanks for your time and concern.

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