child custody and divorce

Hu

Go ahead with your petition as it is a clear case of desertion as well as cruelty. No wife is entitled to act in that manner as she acted. As regard the custody of the child there is no doubt that the lap of the mother is the best craddle for the child but it is also trite to say that no wife can act in any manner as she likes and with hands on her hips says that she should have the custody of the child as the mother. There is a classic case of Delhi High court wehere the Judge himself came down from his Chair and took the child for a ride and after taking him around and talking with him came to the conclusion who should  have the custody of the child between the two spouse and decide the custody matter with his own experience with the child, a Graet Judge indeed. I am sure the custody of the child will also be in your favor if what you stated is true.

Husband,

As per Hindu marriage act you are natural guardian of your son. But unfortunately this right will help little while securing custody of your son.

You will have to proove that child welfare will be best served while being in your custody.

For ensuring welfare of the minor courts lookes at a few dimension  and they are -- health, education, earning potential and affection.

In each of these, you should try to collect facts to show that you will be a better guardian. Some of the things you can start looking at

1. Showing that how child has been healthy in your custody.

2. Showing that how he has been getting a very good study in your custody.

3. How you are better educated than your wife( if applcable)

4. How she has been neglecting child - if you have proofs that she did not attend the child on important occasions that will help you a lot.

So think, gather proof and don't just  sit around just because the child has been with you for last four years.

Hi,

i need divorce, will there be argument in coming hearing

first - i filed petition

second - she objected for divorce and applied for child custody

third - i objected for child custody

fourth - what will happen

REgards

Husband 

By the the child is girl, where my self drop her to school  and my father who is 73 yrs old pick up my daughter from school , and my mother cooks food for us, i go to office and rush to house to teach her and spend precious time with my daughter. so that my daughter should not feel that something is missing.

Regards

Husband

Sh. Assumi ji,

A small correction to your above advise !

The case re. is that of Kolkatta Family Court and not Delhi HC as made out by your kindself probably in a hurry !

In the re. case the Family Court Judge (of Kolkatta) took the child to a near by candy stall (offcourse situated outside the court) and bought a chocolate bar for the kid and talked with the child in neutral atmosphere and thus awarded the custody of child to father. The efforts are praise worthy in the sense the child had opportunity to free view away from glance of mother (custodial parent) and away from a court setting. I will post the citation of this chocolate Judge of Kolkatta soon.

Rgds.

Taj,

Can you please give me more details about  child custody case ?- so that I can locate the judgment.

Also would appreciate if you can point other cases where father  fought for custody and won. . 

@ Avinash,

Citations are useless meaning thereby it is all about persuasion of a Hon'ble Judge towards both parents to come to neutral terms for welfare of the chidl sake and based on "facts" of “a particular case in hand” and can never become "precedent" even in Lordships (SC) own wordings


Hence, first understand custody law (read commentaries of Late Prof. Paras Dewan to Mynas to Mullas to Aggarwals) and apply to your facts in hand followed by projections of best pre-ponderence of presumptions of possibilities as evidences further followed by exposing the conduct of non-custodial parent and there pops favorable judgment in as asked question by you.

BTW, your side needs to be cautiously persuasive right from start to finish of a custody suit is my bottom line advise.


Rest is your choice as per your ability and love and affection towards your own flesh and blood.

But, in any case finish the whole suit in 6 – 9 months and no longer than that especially in trial court holdings as it is not conducise to welfare of any child to see parents fighting out endlessly in court.

All the best.

PERIOD

@Husband, your wife is a "dhabba" in the name of woman!

I am feeling pain thinking of that 5 years old girl.

If your wife could leave your daughter in 1 n half month of the age, she is not fit to be called as "Maa".

Please fight well and get your daughter's custody.

I wish you all the best!

as wife asked for child custody by giving objection for petition and i also objected for her objection, again she gave rejoinder by providing some documents, what will happen in next hearing, do i need to counter the rejoinder saying all the objections and statements mentioned by her is false,