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Deep_blues (Engineer)     21 April 2013

Minor daughter custody-125crpc-ipc 498a

Respected Members,

I got ex parte divorce u/s 13 HMA and ex wife filed 125 crpc + IPC 498A with all vague and malicious allegations.

In 125 crpc case, it is at evidence stage and the opposite party suddenly filed for interim maintenance due to lack of evidence. their framed witnessess(illiterate,drunkyard) backfired and now they r running like rats to find new ones.

In 498A case, though 1 year have passed and there is no sign of any chargesheet. me and my parents are on bail and none of the police officials have ever called us or visited us for any inquiry.

I need ur suggestions on few below mentioned points:

  1. In 125 crpc she has not disclosed anywhere that divorce has already been granted in spite of  knowing the fact and also i have mentioned about the said ex parte divorce(supported by documents) in my show cause to her main 125 crpc application, previously. rather she is still submitting that she is my legally wedded wife in affidivit. is this a trick to get enhanced maintenance in 125 crpc case?
  2. Is submitting interim application after getting my reply to her main maintenance application legally valid or its a trick? they got pointwise reply to their main application and they know that their allegations has been pinned down by my reply itself.
  3. What is the maximum time for filing of chargesheet u/s 498A? what should i apply for to get rid of this disease as 1 yr has passed and still police is digging(so called) ?
  4. I have 1 and 1/2 years daughter who is in ex's custody. I want to apply for child custody as she will be more benifited if i get her custody. she will get all facilities from my service(free accomodation,schooling,travel expanses and lot more). what are the grounds by which i can claim her custody?
  5. will the court still give custody to a woman(on sympathetic grounds) if it finds out that the child will be safe and have good future in the hands of the father? i am doing reputed govt service and for which my daughter is entitled to avail benifits from my service but only if i get her custody otherwise my daughter's name will be struck off from my service documents.

waiting for ur kind advice...thanking you in advance


 5 Replies


Sadly for you, the court favors the woman more than the man.

Deep_blues (Engineer)     21 April 2013

@ helping hand sir and other ld. members, thanxx for ur reply...but that doesnt mean a court should play with the emotions of a father and overlook the wellbeing/good future of a minor child. its a common sense and better to hand over the child to able bodied father, who can meet all the requirements of his daughter than handing her to a woman who has no food to eat,no clothes to wear, no job, no accomodation and blah blah (what all she writes on self attested maintenance applications)... there must be some legal help in this regards... plz advice

Adv Archana Deshmukh (Practicing Advocate)     21 April 2013

@ Deep_blues,


The custody of a child below the age of 5 is ordinarily given to the mother not on sympethetic grounds but becoz a child of such a tender age needs the love, care and attention of its mother more than anyone elses' . A mother can nurture and take care of a small baby better then any other relative of the baby. The love and care of a father is also essential for the normal growth of a child and this fact is neither underestimated nor disregarded by law and you will of course get visitation rights. I would advice that you file for custody along with interim visitation rights at the earliest and be in touch with your kid regularly so that a healthy relationship is developed between you and your kid. Though you may or may not get physical custody of your daughter at this stage as your daughter is only 1 1/2 year old, but you can always claim it after some years when your kid grows up a little more on the ground that the welfare of the child lies with you and that the custody should be handed over to you. Draft and fight the case properly with the help of a competent advocate.

1 Like

Deep_blues (Engineer)     21 April 2013

ok i got it correct about child custody matter as adviced by Archana madam...can any ld. member guide/advice me further about other points asked by me...

Nadeem Qureshi (Advocate/     21 April 2013

1. she is your legaly wedded wife, it is true there is no trick.

2. it is valid, she has right to file interim maintenance application at any time of the proceeding.

3. there is no time limit to file chargesheet.

remaining two point has been cleared by Ms. Archana.

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