dhruv (other) 02 October 2013
Wife filed 498a, DP 3/4 et all bouqet of cases and DVC on me. She has my 2 sons aged 4 years and 8 years for 7 months.
Should I file Guardianship and Wards Act application to seek custody or should I file HMA 26 for the same?
Please give your opinion on merits and advantages of those.
Tajobsindia (Senior Partner ) 02 October 2013
1. If there is a Family Court established in District where Child ordinarily lives then S. 26 HMA as a standalone Petition one can file. S. 26 HMA in FCA, 1984 proceeds in accordance with Law without need to file any main petition such in between S. 9 till S. 13 HMA.
2. S. 26 HMA is about custody, maintenance and education of the child.
3. A petition under S. 25 r/w S. 17 and an interim Application under S. 12 GWA is filed for appointment of Guardianship r/w interim visitation of minor(s) as the case may be. Here under GWA the parent who is no custodial shows ‘welfare of minro(s)’ as h/er claims.
4. Question of pros and cons ‘only’ comes when minor’s custody is claimed immediately by non-custodial parent as soon as a minor is removed from h/er ‘ordinary residence’.
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