In case child custody is lost

Sir, if the custoy is given to mother, then also, a father has to give maintenance to his child. If it is a son, till he becomes major, and if it is a daughter, then,till she gets married. And if you give any property to child's name, you can make conditions to the effect that it is given for the benefit of the child and she cannot sell it for other purpose. Even if the mother is financially weak, the court may decide to give custody of child to her, considering the fact that she is also a natural gaurdian in the interest of the child.

Suchitra,

Why cannot the court consider that the father is also the natural guridan of the child and is also equally in the intrest of the child. Why all the custody is given only to mothers and not to fathers, when fathers are equally or more capable for the welfare of the child?

Hardik Sir, I agree that both the parents are natural gaurdians of the child. The courts consider that atleast in the early years the child has to be with its mother. Here, in this case, I do not know what is the age of the child. And then, there are cases where the coustody is given to fathers as well. To prove who is better gaurdian in the interest of the child is decided by the Court only. If one is competent enough to prove he/she is better gaurdian for the child, then the case is decided accordingly. But usually the gaudianship is given to mother unless the father proves that she is a woman of bad character in the Court. Otherwise, Indian Courts consider a child has to be in the custody of mother especially till the age of 5.

Suchitra,

I agree that in the early years the mother is necessary for the childs welfare. But I have seen cases where the mother and their family members leave home for work leaving the child in the care of childminder or nanny, but does not give the child to the husbands parents who are at home and can take care of the child. Why does the court does not see this aspect where the child requies a safe home rather than nanny, where the growth and welfare of the child is more important. And both are staying in same city nearby?

Moreover, even after 5 years of age, the court does not give the custody of the child to father, when the father asks for the custody. I know some cases where the child is more than 10 years old and has been denied the custodial access to the father even if the father is more capable. Also, visitation and any form of contact is denied by the wife. The childs mind is poisoned so much that he hates to see the father, what should be done in such cases? The court simply refuses to listen to the fathers plea.

Okay will court consider the fact that my wife deserted my 3 year old son  under my care and

never cared  even for his sick ness. I have proofs.  Will court consider that she forcefully changed his school

after filing false dowry harassment (FIR) against me and forcefully took him from me? I put him in a costy public school. Will court consider that she is putting him in day care, whereas my parents used to care for him?

Else Indian judiciary is uselss , And I think , then father should become a criminal in interest of his son , if he does not get justice in indian court.

Mani Sir, I have told you what I think about how the Courts  go when there is an issue of custody of a child. I really cannot answer more than what I have told. I will appreciate if any practicing advocate can throw more light on this.

I intended to take advise from the advocate only. Not from you. If you

are not an advocate why do you give your opinion?  I needed to know

how do the court decide about welfare of the child? there was an article

in times of India on child custody.

  I am very much concern about my son as he is staying in some slum with

his mother.

she has just disturbed him mentally by snatching him from me and changing his school.

Regards

Mani

Mr.Mani

      with due regard, i want to add a law student  can  also express her/his  opinion on legal issue,Suchitra has fairly mentioned in her reply that she is a law student  and any practising lawyer can throw light more on concerned matter,if you are not satisfied with her views/opinion you are not bound to act upon her advice,she has spent her time for your query,when any general  persons are welcome here than  why not a law student .With Regards

          Vinod Bansal Advocate

I do agree with Mr. Prabhakar 

I thought she is just a student and not a even law student. I thanks her if she is a law student.

I have corrected my profile status from "student " to "law student "  :)

Suchitra Ma'am and other Respected Advocates,

I was separated from my husband 10 months back. I put my complaint in CAW cell. Since 10 months I have been attending the dates with CAW only. There was a lot of physical and mental torture by my husband and in laws. Have submitted the MLC, which says a lot, still the police is taking hell lot of time to register an FIR against them. They say that the offence was done in one part of Delhi, and you have complained in another part of Delhi,so we'll take time to decide whether the FIR would be logged in your area or the area of your in-laws.

On top of it, now my husband has filled the child custody case on me. I have a female minor of 7years of age. My husband is an alcoholic and a smoker, rather some time back, when I was living with him, he was hospitalized and the report mentioned that due to alcohol and smoking he has developed some medical problem too.

In CAW cell also, when it came to negotiation on the monetary part, he said that I don't have anything to give you, he is even denying that he has all the ornaments and other items. He says, he won't give even a single penny as he has nothing to give , on the other hand he has filled this custody case. When he doesn't have anything, how would be take care of the child. Rather I know that my daughter is not safe because physical violence is very common in the family. MY DAUGHTER IS NOT SAFE LIKE I WAS ALMOST DEAD MANY A TIMES IN HIS HOUSE.

Please suggest what to do now. I want my daughter with me forever.

Please help.

Also, if some of the respected Advocates or Suchitra Ma'am could help me with their email ids so that I can discussed things easily.

I won't take much of your precious time. Please help.

I don't my daughter to go to the hell, from which she and I escaped.

Prabhakar,

Thank you so much for your suggestions. I am sure the domestic violence case would surely help.

One thing I could not understand was: By opting the DV Act, you can move the legal machinery instantly

What does legal machinery mean here?

Our case was referred to the mediation centre, but there also nothing happened. My husband didn't come up with any settlement, so the case was referred to CAW again. After that certain dates with the ACP, then we are still waiting for the FIR.

As far as putting him behind the bars is concerned, the physical torture he has done, like beating me for the whole night with glass, belts and trying to shock me with current with electronic item, and hitting my nose so hard that it started bleeding badly and even after seeing the blood, he didn't stop beating me etc, I feel he should be behind the bars, however still, I just want relief and above all my daughter which is the only reason I am still alive. In the summon(spell?) of custody case, he has mentioned that I (me)want to get married to somebody else and would not be proved as a good mother so the daughter should be given to him. and certain more points against me.

His medical report is not with me, but do you think the hospital would provide a copy for the same? Its a private hospital.

Once again. Thank you for your help.