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Ravindra Malve (Data Recovery Expert)     30 March 2011

How much beneficial the religious beleifs in child custody?

dear sir ,

I have 6 years old  school going son who was  @ Nasik.My wife took him away along with her forcibly.I tried to mediate through my family members,our respective caste relatives,a committee (Mahila Suraksha Samitee) ,bt in vain.Firstly she asked to come ,when we went there later on she refused to come.

After 4 months wait I have filed for Child Custody under GWA , for my son's admission purpose.

one important thing about her parents is that they are of a blind faith.

like my father-in-law is a Shishya of some guru who is very much confident about whole earth gonna destroy soon by 2012 :-).He keeps on saying such things .beleives in not eating many things like vanaspati ghee,water from outsiders .They prepared my false Kundli for telling me that I have 2 women in my life and have to perform rituals and many more things.I m myself is a technocrat,and I want my childs base purely based upom science rather than these blind faith.

So my question is that how much strength will be to my case if i include the point of their blind faith?and whether judge will pay attention to these things more seriously while granting custody.

Waiting for replies from your side.......



Learning

 9 Replies

Tajobsindia (Senior Partner )     30 March 2011

@ Author

 The child follows religion and personal faith of natural guardian and as per S. 6(a) of HAMA you are his natural guardian.

The que. here is what you as natural guardian can give to child as his best interest. That is what you shall plead which will go well into welfare of child and child mother and nana / nani beliefs are just allegations matters which you may write as single liners but it will be more yours than theirs.

 

1 Like

hema (law officer)     30 March 2011

It is nothing with religious belief.  Your son is being made idiotic amongst idiotic people and it is against the healthy growth and welfare of the child.  Child is male and more than 5 years of age and his future is safe by growing in scientific tempermental atmosphere, which your wife's family can never provide and you can always provide. You bring in your petition all those absurd beliefs of that dongi baba and how your inlaw family is influenced and you will win the custody case and give this web site a good news that you got the custody of child.  Best Wishes.

1 Like

Arup (UNEMPLOYED)     30 March 2011

how much strength will be to my case if i include the point of their blind faith?

----    blind faith of your in laws are not in question. but if it reaches harm to his tender minds and feelings, then it is in question. therefore correct your stand accordingly. visit your child regularly. if not possible ( like they not allowing you) apply for visitation right.

whether judge will pay attention to these things more seriously while granting custody.

---   that depends upon the person in judge's chair. try to appear at a young judge,

as the age age of your child is only six, normally he will be at his mother's custody. but if the court finds his mother's custody is harmfull for his future then the custody may be shifted to you.

Somnath Gangopadhyay (Legal Practitioner)     01 April 2011

The world is full of three types of idiots - one does not speak bad, one who does not see bad and one who does not listen to bad.

So how a child can understand what is GOOD for him or her till he or she is allowed to mix freely with others in the society.

Religious faith or belief should be left to the choice of a child after he or she grows up enough to understand what religious faith or belief is otherwise the child will be a RELIGIOUS FANATIC which will destry the childhood.

Arup (UNEMPLOYED)     01 April 2011

mr somnath, please read the question once again. it is not - what you have told. his atual question somewhat diffrent.

Somnath Gangopadhyay (Legal Practitioner)     01 April 2011

I understand the question. It is about the fight of a father for custody of his child to save the child from the ill-effects of blind faith accepted by the family of the mother of the child. Am I correct, Mr. Arup?

If I am correct, then my earlier expression have relevance of course not in the legal battle which I agree.

The steps may be taken is to approach the Court for a custodian of the child for betterment of the child who may be from the family of either the mother or the father but, at the same time, the difficulty will be everyone would try to manipulate the mind of the child possibility of which cannot be overruled under any circumstances.

Truly speaking it is the result of lack of education followed by sticking around to the wrong advices of wrong people in a family dispute which gives result to such unwanted and never-ending legal battles between unmatched egos and ethos.

Everybody will try to get benefit out of such legal battle.

Ravindra Malve (Data Recovery Expert)     02 April 2011

Let me clarify,being a father cum honest n best friend of my son,I nor anybody from my family wanted anything including ego satisfaction.We ,esp. I am only concerned about his prosperous future.He should not pay the heavy price of his future in our battle.We told them these all aspects of the dispute.But my in laws n wife are very rigid.Any way,There is saying,I was also thinking to call Childline...but 2 b honest NGO bole to....U all people knows.

RATHER THAN DOING NOTHING ,IT IS ALWAYS NICE TO ACCEPT AND RETALIATE.
 

Ravindra Malve (Data Recovery Expert)     02 April 2011

Let me clarify,being a father cum honest n best friend of my son,I nor anybody from my family wanted anything including ego satisfaction.We ,esp. I am only concerned about his prosperous future.He should not pay the heavy price of his future in our battle.We told them these all aspects of the dispute.But my in laws n wife are very rigid.Any way,I was also thinking to call Childline...but 2 b honest NGO bole to....U all people knows.

There is a saying ,RATHER THAN DOING NOTHING ,IT IS ALWAYS NICE TO ACCEPT ,TOLERATE UPTO SOME EXTENT AND RETALIATE.

Thanx a lot to all of U forum members...
 

hema (law officer)     03 April 2011

Every living being has got certain rights.  We always talk of rights of men and women, senior citizens and fight very vehemently with each other.  We also see in the society that labour class fight for their rights and owners Associations lobby with the Govt. and also fight for their rights.  Even Animal Rights activists also became active and fight for the rights of animals tooth and nail by saying that animals cannot ascertain their rights and active human intervention is required to protect their rights.  Similar is the green rights activists.

Amongst these rights activists, I really wonder, why we often forget the rights of the child and yet to be born child (a victim of foeticide).  I tried to highlight this aspect on the basis of 2011 provisional census showing how as a nation we kill our own daughters,  by following unprincipled and unethical female foeticide methods, my intention is to bring the attention of the members that how we violate human rights and more particularly the rights of the child and yet to be born child. 

The children's rights violators are firstly the parents, next immediate family members and next the school authority wihch impose corporal punishment and continuous mental harassment and finally all of us, as a society.  If the child gets birth in poor family, he is deprived of school education and forced by parents to do child labour and earn some thing to meet his needs.  If he runs away to metros, he will be taken into the wings of the criminal gangs and trained to be a criminal.  In our every day life, we see children labouring in canteens, shops and also as domestic servants and this is violation of child protection laws.  The authorities, which supposed to see the proper implementation of child protection laws ignore them totally because the victims of their rights-the children cannot form associations, cannot force the violators to jails and suffer the pains silently.  Earlier women also used to suffer like that, but now they have their own associations and started to ascertain their rights and that is why the men's rights activists are reacting so violently, which we see on this forum every day.  Had there not been women's associations, their rights also would have been as pathetic as children's rights.

Finally, the real protectors of children's rights should be the parents and one or two NGOs may create a ripple of awareness in the society, but they cannot solve the problem.

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