Child custody in dv case

Dear Someshwar,

 

As per the Indian Divorce Act and also as per the Hindu Marriage Act the Court shall decide the custody of the child as per the financial condition of the father and mother for the proper maintenance and care of the child.

Regards,

Sir my qurry is that intreim order can pass on very first date of hearing and how could i stop her from taking him away from me.

Originally posted by : Advocate Rohit Dalmia

As per the Indian Divorce Act and also as per the Hindu Marriage Act the Court shall decide the custody of the child as per the financial condition of the father and mother for the proper maintenance and care of the child. 

 

@ Mr. Rohit,

 

May I ask which Law school taught you all these? With utmost respect to you as my fellow brother if you don't know about child visitation / custody please do not attempt those queries.

 

Hon'ble SC golden words in catena of Civil custody decisions are these;

 

"the welfare of the child is not to be measured by money alone nor by physical comfort only. The word 'welfare' must be taken in its widest sense. The moral and religious welfare must be considered as well as its physical well-being. Nor can the ties of affection be disregarded."

 

 

"welfare is an all-encompassing word. It includes material welfare, both in the sense of adequacy of resources to provide a pleasant home and a comfortable standard of living and in the sense of an adequacy of care to ensure that good health and due personal pride are maintained. However, while material considerations have their place they are secondary matters. More important are the stability and the security, the loving and understanding care and guidance, the warm and compassionate relationships, that are essential for the full development of the child's own character, personality and talents"

 

Suppose if the Author of this post begs / borrows say Rs. 1 Cr. and shows to Court - will Court grant him custody / visitation? I know well his metro wife cannot raise that much finances for material records. What is your opinion now Mr. Rohit?

 

@ Author,

 

Under DV you can file for maintaining status quo of the child on the very first date of hearing as you being its natural guardian as per S. 6 HMGA. Normally as per The Act (of 2005) the complaint is to be decided as far as possible within 60 days of its institution. In my opinion if your wife's case is prime facie straight case then chances of interim protection order on very first date is there and / but if the complaint read with Courts work load is typical on very first date of hearing then chances of announcement of an Oral order on very first date of its hearing is remote.

If the child is with you then you have to resist her and her men / agent by any means illegal removal of Child in absence of any Court Order till there is any competent Court giving dasti an  interim Order. Meanwhile you may file a restraining / injunction suit to maintain status quo of child by way an civil order.

Have faith in Rule of Law. Even otherwise Appellate court are there to adjudicate the matter if natural justice not followed.

Dear Brother,

Thanks for your advice. But tell me one thing which Court allows custody of the child either to the Father or Mother who are Drug Dealers/Gangster/ Involved in any illegal activity or have Criminal Past Record???????

Its a Common Sense Hope it persist in you too.

 

Regards,

Thanks sir but the summoan for dv case still not received by me.this will be my first apperence if i got the same.case filled on 29Th feb 2012

Originally posted by : Advocate Rohit Dalmia
	But tell me one thing which Court allows custody of the child either to the Father or Mother who are Drug Dealers/Gangster/ Involved in any illegal activity or have Criminal Past Record??????? Its a Common Sense Hope it persist in you too.

 

My dear brother Rohit,

 

Wish you would not have rebutted!


As far as “COMMON SENSE” matters are concerned kindly bear hearing these;

 

1. In almost all custody cases world over and more specific if we talking about India then with below three allegations natural mother tries their level best in connivance try to scuffle custody of child in their favor;

 

ALLEGATION ONE - He does not have female company at home My Lord!

 

ALLEGATION TWO - He is a Drug Dealers / Gangster / Involved in any illegal activity or has Criminal Past Record My Lord!

 

ALLEGGATION THREE - He will rape (if female child involved in custody) / Sodomise (if male child involved) My Lord!

 

 

2. Now here are just few judicial wisdom on "WHICH COURT" question you asked me in your alleged para TWO sentence;

 

Delhi Court questions giving away on adoption of a child (of a rapist) -

https://www.indianexpress.com/news/convict-fights-for-his-daughter-given-away-in-adoption-by-cwc/938985/  

 

Man facing criminal cases gets child custody -

https://articles.timesofindia.indiatimes.com/2010-01-30/delhi/28130558_1_custody-ahana-father  

 

 

Do let me know if you require more judicial wisdom of WHICH INDIAN COURT QUESTION THAT YOU ASKED ME!

 

 

3. This queriest neither said about para two of yours nor his wife has alleged so. Hence let us restrict common sense to our chambers.

 

Hope now we savvy on legal sense in legal portals over contentious debates on street smart common sense !


@ Author,

If you say publically about the knowledge / date of hearing in DV Complaint case then it means you are aware a Complaint case pending against arreyed respondent(s) - Right !


Now in a simultaneous breadth you ask / show worry on child going away on very first hearing by way of first date's Interim Protection Order then why donot you appear in-person (if no advocate selected by then) and tell Magistrate handling your srimati ji's  complaint case that you came to know about the DV Complaint case but have not received copy of the Complaint and same be provided to you and kindly mark respondent 1's presence in today's Order Sheet.


By above golden words thus spoken by you before Magistrate Court, you will have safely done a decent sightseeing of a Magistrate Court + fear of visiting a Court may go off + there will be next date of hearing given by Magistrate due to respondent(s) not receiving Complaint copy and same may get recorded on first date of hearing Order sheet and your srimati will be asked ot give you copy of Complaint.


Tempo. end of all your present worries and if same would have been written by you to us in your very first brief then these mini silver bullets would not have been recoiled ! Kindly follow art of seeking Igyan from internet forums where clarity from a queriest by h/er question brief read with speed by way of reply from subject Experts is the key for complete satisfaction to all parties.


Shall you ?

Thanks for your replay & advice for both of you gentelmen i get know about the case as juiner to well advocate is friend of mine. the next date is 18/07/12 shall i apper without getting summouns

Yes u appear even if u donot receive summons & do take complaint copy + Next date.

Its not difficult task if junior lawyer is ur friend