bosco 01 September 2016

Child custody

Hi experts,

childres are aged 14 (female) and 11 (male) taken care by me for the past 4 years on all welfare. My wife oftens visits them in the school. she left matrimonial home and filed a child custody case under Guardians act.

When the custody case came to the court she told judge she has never seen the children for the past four years.

How to prove that she has seen the children in the school often in the court. a letter from the class teacher / Bus monitor etc will be a valid proof? in the court.

can anybody explain

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5 Replies

whatnot 01 September 2016

Why go to third party when children can corrobarate?

If childrens say that they saw their mother during course (if possible date, proximity is good enough) of time. Then court will take into consideration.

And custody is upto 16 years. After that child can take it's own decision.

You deny her claim with childrens affidavit.

Don't coach them. Let it be truthful.

bosco 01 September 2016

Sir,

That means an affidavit from the children is enough narrating the circumstances? i had a doubt since they did not attained major age (18 years). thanks pls clarify.

whatnot 01 September 2016

Written statement can be given. Children under 6 years are usually refrained on humane basis.

Court considers their statements as GWA is all about child's welfare.

bosco 01 September 2016

Thanks Mr. Ramesh singh but i was thinking that the custody age of children is upto 18 years. but your statement is different 14 for female and 16 for male a good news indeed. Mine is undr HMA act only

Bosco