Rakesh Agr (fighter) 17 September 2015

Section 26 of hma or gwa section 25

Dear Esteemed members - Both these 2 laws deals with child custody. Can anyone of you please throw somelight on the practical effectiveness of these 2 laws.

1)For child custody which is more efficient and recommended? I have a RCR case ongoing so it is recommended to file an interim application (IA) for child custody under section 26 of HMA or shall I wait to get the RCR decree and then file child custody under GWA ? Which is more recommended?

2) Also, do is it mandatory to file the IA under section 26 HMA while RCR is running or can I file the IA after getting decree say within 1 week or something like that?

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sandykrish (Interested in Family LAW) 19 September 2015

GWA and RCR are different cases, IA is not recommended for so many reasons, better to file a case for custody separately and may be in that petition keep the court posted that you have filed the RCR case. You don't have to wait for RCR decree or judgment straight away file the case if deemed fit. The only advantage of filing the IA is to get the interim relief swiftly but the flip side is it is only an interim relief and not the permanent solution.

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saravanan s (legal advisor) 20 September 2015

the interim application will be in force as long as the rcr case is running.if its withdrawn by you anytime before the final decree is pronounced the ia will lose its value.so its better to file for child custody under gwa while simultaneously making an ia