Champ (Manager) 13 March 2013

Child custody

Hi,

Me and My wife is going through divorce. She has left child in Aug 2012 and not asked for any well being of the child till Jan 2013. In Jan 2013 she has filled case for custody of child. Court referred matter to mediation center where she has got access to child. During access period child suffered from typhoid and due to which she was not able to meet daughter about 15 days. we have informed the same to mediation center. However on 9th March 2013 she came to my house with 4 unidentified person and fought with my mom and dad and tried to run away with child. In process she has injured my mom and daughter. we informed the same to police and on their intervention she has to run away from the home. We have logdged fir against her and done MLC for my mom.

Can on this ground child custody can be denied to my wife. My daughet is 30 months old and currently staying with my mom and dad

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3 Replies

stanley (Freedom) 13 March 2013

Everything depends on how your counsel pleads your case when it comes to this matter taking into consideration welfare of the child . Have you only filed a FIR against your wife you should have also loged a FIR against the 4 unidentified persons and your wife would be in a position to identify them as she came along with them :-)

Rasik Dagli (Lawyer) 13 March 2013

You have not styated whether Child is a Boy or Girl .

Normally in the case of chilld Custody the prome consideration is welfare of child.

Your Counselshould try to convince that You can look after the child better than your wife. This depends upon your lifestyle, your income and other factors. Also you have to convince the court that when you are going for Job/Business there is somebody in the house to look after the child.
If the child can understand a Question and reply to it, the court will also ask the child his/her wish whether he/she wants to stay with you or your wife. All these factors will decide the matter.

Rasik Dagli

Advocate.

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Adv Archana Deshmukh (Practicing Advocate) 13 March 2013

In my opinion this incidence by itself cannot be a ground to deny your wife the custody of the daughter. The child is just 30 months old and the custody of a child below the age of 5 is ordinarily given to the mother as a small child needs the care and attention of the mother more. However, in any case for custody the welfare of the child is of paramount consideration.

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