s kumar (not) 05 January 2017

What should i do to get custody

we are living sepret from 2years in defrent city (no Divorce or any case pending till now) and we have a son 6year old living with her . Now I am filing RCR that is in appearance stage. Now I want to file custudy for my son. And Q is that what I should wait for degree in RCR or I should file for custdy now or file only visitation now and after getting degree in RCR file custudy. Please sugest to me.

Thanks,

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6 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 05 January 2017

Sir,

You can file the custody parlelley.

Warm Regards

Kapil Chandna Advocate

9899011450

whatnot 05 January 2017

RCR will be time consuming unless you have strong notion that there will be cases filled agaianst you.

WHat's purpose if she has deserted for 2 years and living in another city?. Save on manitainance. She will win it exparte. I don't see the reason.

Counter productive for Child custody at the time of RCR as you are seeking restitution and you are seeking separately custody as well.

Custody has two meaning. legal and Physical. You mayn't get physical custody unless you prove she hasn't been good mother and you are better parent for the future of child.

You may get legal cusotdy if fought right.

Visistation is only thing you will get in RCR and that too after many court date. It would be atleast a year before you see the kid.

If no reason exist to cohabit together than mutual consent divorce is best move forward

Mukesh sharma (job ) 05 January 2017

Hi you file for custody now there no time limit for this you file now with your RCR

thanks

(Guest)

If you want free divorce wait till you get decree in RCR.

Custody you can file and wait till court orders something.

Its best advised to file RCR, take decree and then simply stay put keeping in mind you have kid out of wedlock, you will get divorced but what about kid future? Have you both thought about it?

Gumansing Pardeshi 08 April 2017

Sir,

I have daughter of 4 years her mother left both of us 14 months ago & filed divoce and DV against me about 8 months ago now she has applied for child custody under section 21 of DV but i want to retain her custody since she is in relation with someone else and i have some audio clips conversation between my wife & the person with whom she is involved?

What i shall do to retain the custody of daughter? shall i produce those audios to the court will this helpful in retaining the custody of my daughter? she is not willing to come back though i am ready to accept her irrespective of what she has done so far beacuse I doesn't want my daughter to be suffer because of our disputes.

Please suggest sir,

stanley (Freedom) 08 April 2017

@ Gurmansingh

Apply for custody under Gaurdians and wards act as the DV act is a gender Biased act .Try to drag the matter in the DV case as much as possible .

Under this section the custody automatically goes to the women and you may get visitation rights .

Section 21 in The Protection of Women from Domestic Violence Act, 2005

21. Custody orders.—Notwithstanding anything contained in any other law for the time being in force, the Magistrate may, at any stage of hearing of the application for protection order or for any other relief under this Act grant temporary custody of any child or children to the aggrieved person or the person making an application on her behalf and specify, if necessary, the arrangements for visit of such child or children by the respondent: Provided that if the Magistrate is of the opinion that any visit of the respondent may be harmful to the interests of the child or children, the Magistrate shall refuse to allow such visit.