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dhruv (other)     02 October 2013

Hma 26 or guardianship and ward act

Wife filed 498a, DP 3/4 et all bouqet of cases and DVC on me. She has my 2 sons aged 4 years and 8 years for 7 months.


Should I file Guardianship and Wards Act application to seek custody or should I file HMA 26 for the same?

 

Please give your opinion on merits and advantages of those.



Learning

 1 Replies

Tajobsindia (Senior Partner )     02 October 2013

1.    If there is a Family Court established in District where Child ordinarily lives then S. 26 HMA as a standalone Petition one can file. S. 26 HMA in FCA, 1984 proceeds in accordance with Law without need to file any main petition such in between S. 9 till S. 13 HMA.

2.    S. 26 HMA is about custody, maintenance and education of the child.

3.    A petition under S. 25 r/w S. 17 and an interim Application under S. 12 GWA is filed for appointment of Guardianship r/w interim visitation of minor(s) as the case may be. Here under GWA the parent who is no custodial shows ‘welfare of minro(s)’ as h/er claims.

4.    Question of pros and consonly’ comes when minor’s custody is claimed immediately by non-custodial parent as soon as a minor is removed from h/er ‘ordinary residence’. 


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