Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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rebellion (fighting against bias law)     18 August 2014

Custody to father of daughters

Hi Experts,

My wife filed divorce case against me and we opt to contest it. We have two daughters one is 7 and second is 2.8 yrs. Elder daughter is in school in Mumbai where our lives. She has taken kids with her in Delhi and she is not admitting her in school and giving excuse that getting admission in mid-year in Delhi is next to impossible (i know this is how she want to harass me). His father is business man and part time politician her mother is lawyer in high court. Haveing good hold in police.

I meet few (approx. 5) lawyers there to get my daughters custody but all said it is not possible (I’m feeling very hopeless and petty) you can get visitation right only (not possible from Mumbai to Delhi every week/month). Is there any way/strategy or reference case where father got kids especially female kid OR at least one kid. Or I just have to accept that we are living in a country where all aspiration/feeling of fathers are having no value because here law is biased.

 

Pls. give me ray of hope. 



Learning

 7 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     18 August 2014

The laws governing child custody in India are the Guardians and Wards Act 1890 and the Hindu Minority and Guardianship Act 1956. The Hindu Minority and Guardianship Act states that the ‘natural guardian of a Hindu minor, in respect of the minor’s person as well as in respect of the minor’s property …. in the case of a boy or unmarried girl- the father, and after him, the mother, provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother’(5). There are numerous connotations this can take, some of these are: that the law reflects our patriarchal social structure and that small children are always better off with the mother... Matters are also complicated by a legal process that does not view legal guardianship to be co- terminus with physical custody of a child.

1 Like

rebellion (fighting against bias law)     19 August 2014

@ramachary ji Thanks for reply but my one daughter is 7 which is more than 5 yrs. how much possibilities for her custody or at least temp custody to complete her academic year in mumbai.

 

Other peers who have experienced same situation kindly provide your valuable thoughts / judgments .

Regards,

Arun K

rebellion (fighting against bias law)     20 August 2014

Experts and peers who have experienced same situation kindly provide your valuable thoughts / judgments .

Regards,

Suneet Gupta (www.vashiadvocates.com)     22 August 2014

Dear Sir,

You can apply for custody of your elder daughter. In which court is your divorce case currently being heard. Please apply in the same court. You can also cite loss of the child's academic year as the cause and ask for immediate hearing. Since you have two daughters, you can ask for custody of the elder daughter. There is no need to be depressed about this. Best of luck.

Regards, Suneet

1 Like

T. Kalaiselvan, Advocate (Advocate)     22 August 2014

You have a valid reason and strong ground for seeking custody of your elder child citing her education and future career for taking her with you.  You file a custody case immediately, take the help of a prudent lawyer to represent your case.

1 Like

Tajobsindia (Senior Partner )     23 August 2014

I will advice you factually;


1. Dig one of my old post where I copied a complete citation of a State's HC where father shifted residence to be with his minor child and natural mother has no option but to give visitation. This case was about visitation when natural father is in another State. Ever think trying on those lines if you are so passionate in writing as what you write twice-thrice here in your posts?


2. File custody case in proper jurisdiction where child has spent 180 days before its removal from natural home. The other fact is one can also file in natural home jurisdiction if less than 180 days have elapsed showing very strong pleading read with admission evidences to Issue Notice to natural mother living in all-together different State. There are number of citations to such effects. 

3. Finally child custody is an art. You hint about splitting two minors, I say it should be last effort that also during last mediation when you have shown legal muscle to natural mother by engaging her in number of legal cases so that her emotional mind gets shut and she tries wriggling out thus giving one child to you and for another child complete visitation as per your terms. These are also possible and citation bare reading shows resolves of natural father of such strong decided court cases. 


4.
Now-a-days everyone in India has a uncle or aunt / brother - sister in some Ministry - Judiciary - PMO - Police HQ's, so what is NEWS here ! There is something imbibed to us called as Constitution of India read along with Child rights use them to your favor. 


Start thinking from MIND and not from HEART as child custody battles in Court are won from MIND and sightseeing wife and her sides advisors in Court corridors are done via HEART, and whatever legal steps you take act them swiftly without any fear or frame-up. 


Above are my open replies to your PM to me. 

PS;-
Law is actually not biased. We create bias in our minds thus law assumes to be biased.


[Last reply]

2 Like

MARU ADVOCATE (simple solutions for criminal legal problems -- yourpunch@gmail.com)     24 August 2014

We  have case in hand where muslim have marrieved and got it registered under marriage ragistration act.

 

Now husband has filed petition for custody under Guardian and wards act whether this act is applicable.


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