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mukesh (Executive)     29 April 2010

What can do a Child ?

How & What legal action can take a child (assume age below 10) if his/her parent are living seperate and custody case alredy is in court and child with father and court stop mom to meet to child. Now if the child want to meet mom , what is the rights of child and what is law saying reagarding this and any judgement or ruling by SC or any HC.

Mukesh Soni

9899005482



Learning

 1 Replies


(Guest)

1. See the "Welfare of child" test lies under S. 17 GWA The Act
2. If mother is not competent enough for visitation then child can't  be subject to meet mother. See Nelson Vs. Jayakumar (Chennai HC case) where visitation to mother was totally denied.
3. If child is below reasoning age and wish to meet mother then based on above para 2 you may showcause valid justifications to court and deny visitation of child to mother.
4. But, if above para 2 is not the grounds reality then 'wishes' of child should be adhered to for balance development.

Take a well balanced call based on total of three parties here in 'best interest of child' also based on 'welfare of child' and moreover if parents are in litigation due to no fault of a child then it is better to allow child visitation (subject to supervised visitations) instead of carryign forward your hatered to your wife inturn imbibed into a child which morally is not justified for postality.

Rgds


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