What happen of childrens, if we seperate/divorse ?
rahul
(Querist) 26 April 2013
This query is : Resolved
me and my wife are not interested to stay with each other, we have 3 childrens age-09,05 and 03 years.what if i want childrens in my possession,as well as maintenace, my wife is an Advocte with 15 yrs. pratice.pls. advice.
M.Sheik Mohammed Ali
(Expert) 26 April 2013
if you are not interest to stay with wedlock, than mutual consent is best way. until attain majority the court will allow to maintain from father.
Advocate M.Bhadra
(Expert) 27 April 2013
Article taken from www.thehindu.com;------
There has been a flurry of activity on the personal law front in our country in the recent past. An amendment seeking to add ‘irretrievable’ breakdown of marriage as a ground for divorce to the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954 is in the wings. There are also provisions on sharing matrimonial property and waiving the statutory cooling period before a legal dissolution of marriage. Doubtless, personal law reform is a necessity given that most of our laws are antiquated.
A parody of sorts is that the first move to grant divorce on the basis of irretrievable breakdown was initiated by the Law Commission of India in its 71 report more than three decades ago! In the background is the increased incidence of matrimonial breakdown, the Sample Registration System 2010 data finalised recently quotes figures in the range of around 9% for states like Tamil Nadu (1)). Although exact figures are difficult to obtain the factum of increase seems to be unequivocal; the annual number of divorce petitions in a city like Mumbai has doubled since the 1990s (2). A renowned legal scholar and lawyer in the Madras High Court, Geeta Ramaseshan believes that while ‘more divorce cases are coming to court but this does not mean marital discord did not exist earlier’ (3). Others take a contrarian view and a clinical psychologist attributes it to the ‘complete death of tolerance’ (4).
Be it as it may, my concern in this article is to draw attention to another emotional landmine- the issue of child custody. In my opinion, this continues to languish as a neglected corner of our jurisprudence. The flashes of attention that are drawn to it are mired in sensationalism as the recent dispute regarding custody of two small Indian children in faraway Norway and its current chapter in Kolkata prove. 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.
R.K Nanda
(Expert) 27 April 2013
no more to add.
V R SHROFF
(Expert) 27 April 2013
9 yrs child if son; can be given to father,Otherwise custody of all children will be with your lawyer wife.
You are required to pay 50% of children's mtn, unless wife prove no income.
go for MCD with amicable consent terms wrt child custody and property division.
ajay sethi
(Expert) 27 April 2013
welfare of child is paramount consideration . you cna make application for child custody but since your children are young you may not get custody . you would be entitled to visitation rights .
if custody is given to mother you have to pay children maintenance
Raj Kumar Makkad
(Expert) 27 April 2013
You both case mutually decide about the fate of the children,
