Child custody to father.

As per law a female compulsory stay with mother upto major, same time the son up to 12 years stay with mother.

 

 

 

Originally posted by :M.Sheik Mohammed Ali
"	As per law a female compulsory stay with mother upto major, same time the son up to 12 years stay with mother.	"

 

1. @ Ld. Adv. Mohmd. A. Sheikh Ali


Which law is this that you are talking in legal forums ? I am not aware if codified statute changed (Amended) by you and am in impression that it is the pure Legislative power to amend Laws / statutes! I am making a realisation that every Lawyer omits reading GWA / HAMA / HMGA as to custody rights of a FATHER and parades his own "compulsory" statements and wonder from where you all read this! I challenge you to bring to light Statute wordings / interpretation and even precedent from Hon'bl'e SC to make even myself clear on this subject discussion.



Also from where you read this compulsory 12 years funda ?????? I know of 5 years with whom a child shall live which is clearly stated in all codified Laws of the land further even if you are aware of puberty age of a female child then also no Law or precedent from SC says 12 years “compulsory” that a female should be with mother !!!!  BTW now-a-days the puberty age as per WHO standards for metro India has come down to 9.8 years and are you schoked now or can I see next time you mentioning 9.8 years for female custody compulsorarily with mother here kya….



Please donot misguide queriests by stating 12 years self created Law. Also it is high time you read and understand below piece of wisdom which may clear your understanding of either gender custody Laws in case refresher course needed;

The Hindu Minority and Guardianship Act, 1956 (32 of 1956) has codified laws of Hindus relating to minority and guardianship. As in the case of uncodified law, it has upheld the superior right of father. It lays down that a child is a minor till the age of 18 years. Natural guardian for both boys and unmarried girls is first the father and then the mother. Prior right of mother is recognised only for the custody of children below five. In case of illegitimate children, the mother has a better claim than the putative father. The act makes no distinction between the person of the minor and his property and, therefore guardianship implies control over both. The Act directs that in deciding the question of guardianship, courts must take the welfare of child as the paramount consideration.

Under the Muslim law, the father enjoys a dominant position. It also makes a distinction between guardianship and custody. For guardianship, which has usually reference to guardianship of property, according to Sunnis, the father is preferred and in his absence his executor. If no executor has been appointed by the father, the guardianship passes on to the paternal grandfather. Among Shias, the difference is that the father is regarded as the sole guardian but after his death, it is the right of the grandfather to take over responsibility and not that of the executor. Both schools, however, agree that father while alive is the sole guardian. Mother is not recognised as a natural guardian even after the death of the father.

As regards rights of a natural guardian, there is no doubt that father's right extends both to property and person. Even when mother has the custody of minor child, father's general right of supervision and control remains. Father can, however, appoint mother as a testamentary guardian. Thus, though mother may not be recognised as natural guardian, there is no objection to her being appointed under the father's will. Muslim law recognises that mother's right to custody of minor children (Hizanat) is an absolute right. Even the father cannot deprive her of it. Misconduct is the only condition which can deprive the mother of this right. As regards the age at which the right of mother to custody terminates, the Shia school holds that mother's right to the Hizanat is only during the period of rearing which ends when the child completes the age of two, whereas Hanafi school extends the period till the minor son has reached the age of seven. In case of girls, Shia laws uphold mother's right till the girl reaches the age of seven and Hanafi school till she attains puberty.

The general law relating to guardians and wards is contained in the Guardians and Wards Act, 1890. It clearly lays down that father's right is primary and no other person can be appointed unless the father is found unfit. This Act also provides that the court must take into consideration the welfare of the child while appointing a guardian under the Act.

 

2. @ Rajeev

I am really amused to see your post on same topic again and again here. There were some good discussion already done by me and few prudent ld. adv. / fellow writers on same subject as late as this quarter and yet you are showing dissatisfaction over those discussions and asking same que. again. It means something is not right !


However be it so, in my opinion let us give you the myth buster this time hoping you will end this repeated Q & A on child custody topic. And here we go……….



When the relationship goes murky those who suffer most are the children. As an attempt to fish in the troubled waters, women most often spread big fat lies against fathers so as to gain sole custody of kids. In general, a woman learns from her friends and obviously from her attorney that if she lies to the court she’ll get what she wants, there will be no penalty or perjury charges and she can justify it to herself and her friends as, “I had to do it to protect my babies.” That’s the great cover up. It’s the mother of all lies. It’s the lie that allows all the other lies to happen absolutely guilt free and reduces fathers to mere visitors. In most of the cases, Family courts have been acting like a mindless well-greased machine doing its routine job of accepting all the false allegations on its face value and granting sole custody to mothers as if law of the land has made it mandatory not to apply its mind. A large number of fathers give up their legal battle half way as they don’t see any light in the dark tunnel. Even the most aggressive litigant will end up getting a 20 or 30 minutes supervised visitation once a month, which means visitation in the court corridor! It’s demoralizing, humiliating, demeaning and in most cases completely unnecessary. Dads, who were fine fathers for all those years, are subject to this character assassination most of the time.

 

 

Dowry harassment cases and domestic violence cases have become standard charges that all litigant fathers face today but some are even more vulnerable to face the charges of murder attempt and PNDT Act too. When the wife do not want the kid as the relationship is on the rocks, some of them take that an opportunity to kill two birds with one stone. The family courts, with out even looking at the merits of the claims or instead of ordering any sort of investigation, writes the verdict with its ears closed and eyes shut.

 

 

It left a lot of eyebrows raised and jaws dropped when Indian express reported

“12-yr-old girl files petition against father” on Sun Jun 21 2009.

The petition says she doesn’t want to study at the boarding school. Her elder sister, who was also a student there, has shifted to Pune for higher studies. So the mother got the girl admitted to a school in the city. Rabindra, who is the joint custodian of the girl, took an order from the family court at Nagpur which prohibited Pritam from admitting the girl to the Pune School. The court directed that the girl should not be admitted to any other school without her father’s permission.”

Link to news reporting:
https://www.indianexpress.com/news/12yrold-girl-files-petition-against-father/479398/

 

This is a classic example of how children are been used in by mothers to blow up their own ego problems against fathers. The irony is that fathers are forced to fight this legal battle with no weapons or shields at all. No wonder Syed Makdoom and 100s of his likes committed suicide for not able to meet or even see their own kids.

 

 

This depressed father committed suicide on 5th April 09, and left 4 suicide notes and a video recorded on his mobile. (YouTube link - https://youtu.be/KrGmSIxdTk ) Here he clearly mentions how he was tortured by his wife & in-laws and not allowed to even see his only son whom he loved more than his life.

There is also a heart rending message to the entire society towards the end... He said in his sucide video, “Fathers should not be separated from their children”.

 

 

In my opinion father should not be treated as mere seed giver and further if ld. court can't grant custody as per facts and best arguments of each case then atleast meaningful visitation should be provided in natural environs to non-custodial parent.

only relevant  consideration  for  awarding  custody  of  child  is to find  as  to where  and  with whom  the welfare of the  child  lies ? this is  paramount  consideration and the  wishes  of the  child  if it can  excercise intelligible preference ,  no time limit .no female no male  consideration ,

Whjo Said & under which Indian Law ? Under well Established Laws in India,a child ( Male/Female ) can be remained with original Mother & after that Father can regain his/her Custody in case of Dispute.

hello,

custody of your son will only be granted after 5 years of age.

custody of children is decided on the sole basis of welfare of children.

 

 

regards-

rahul.gogreen@gmail.com

My daughter will 11 years old next month and son will be 5 in september this year.From the past three years that is after separation,wife took them away from my place in mumbai to her hometown hyderabad.I support the children by paying a monthly voluntary maintainence and every year send money for their school fees from the time we are separated and have made several trips to see them and also visited their school many times to see how they are doing in school.I have a consultancy practice from home.Live in my own home with my parents and monthly income is about Rs.50,000 all cheque and no liabilities.Please let me know my chances.