Child custody

i too want to know.

The only one question rests is that with whom the welfare of the child lies and this welfare had to be gathered from the education, status, necessities and many other traits which are helping agents to term out the welfare of the child and not other things.

Dear Lal,

Normally, courts will give paramount consideration for the welfare of child in deciding the custody

I am not agree with skj-advocate.

In shonee kapoor case it is given to father then?

Dear Lal,

If the child is below 5 years, then custody of child will be given to mother.  In other cases, it will be decided on the principle that in whose custody the welfare of the child would be protected.

@ Author


1. The child will remain staying with Father also read with grandparents.
Reasoning:
One – There is a female at home.
Two - Last 5 years the child is under care of natural father read with grandparents.
Three - The child is well settled beyond any reasonable inference natural mother may try to draw after 5 years to seek child’s custody now!.


2. Rest answers given by writers I disagree. They are too bookish answers.
Reasoning:
Permutation - If from last 5 years suppose natural mother is contesting case for custody and Court has not disturbed present custody arrangements (status quo) then it is highly unlikely that it will disturb now unless father is prooved to be dangerous for the child best interest. Even though grandparents can always chip in for custody as after father it is given to grandparents in instance facts based querries.
Combination - Hydraulic powers of natural mother (read this time to be as metro wife-cum-mother) move to regain custody of child after 5 years of continuous stay of child with natural father is simply a contest of ego of this natural mother nothing else.


Sum total inference drawn: The child ordinary residence read with education further read with best interest / welfare taken care of is well settled with continuous stay of 5 years in h/er ordinary jurisdiction i.e. staying with natural father / grand parents. it is not advisable to disturb now. least to least grant meaningful visitation to natural mother.

3. Shoonee’s case is on different footings, if anyone knows from beginning to his lovely grandmaster’s arrival back from where he belonged too facts which I doubt many of you know the full facts and all the lime - soda struggle went into it all these years, however / and one case showeth expected results from small town trial Court does not become precedent to be used even in same Court or its neighbor district Court which readers shall now note. Such reporting can boost morals of many an unfortunate father readers here but this is not the case in hand reason being a natural father as queriest has put his facts as que. before us and summing up he has retained custody (status quo) of his child from last 5 years and has his mother (FEMALE) too at home further read that the child is now 7 years. Also note there has been hundreds of HC’s / tens of SC decisions in favour of Fathers in more or less similar facts. Fathers are scared to save their back from 498a and in height of it slip crucial custody moves – don’t like such remarks then unite and contest custody case as per Law. Everything is there in law only thing you shall know is how to use it in your favor in instance facts sistuations.


Parting statement: Before Hydraulic powers of natural mother read with generic training of my fellow brothers the generic thinking among my ld. brohers is that below 5 years child shall be with mother (irrespective of gender of child) and even after 5 years child will still be with the mother!!!. Fathers are mere sperm donors read to be as ATM machines for child pocket money ! HOW COME hope my fellow ld. brothers have ever read Sections from HAMA read with  S. 17 GWA further might have read down S. 26 HMA and know how to draw Justice to natural fathers too and if not then I am here to just grill that to them as principals of natural justice corollaries……………J 

What do you want say Mr.Fight to Win"?

Because i am also victim of DV,498a.

Fight to Win has vanished.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

:D