Child Custody
Chandrashekar
(Querist) 31 July 2009
This query is : Resolved
Hi!!
Myself and my wife ar living separately for he past 6 months, I have filed for a divorce in the chennai family court, however my wife subsequently filed a petition for separation.
However my only daughter born on 27th Mar 2005 is inmy wife's custody and she hasn't allowed me to speak to my daughter telephonically nor meet her physically from the past 6 months.
However my petition in the family court is only for divorce and not for child custody as thought my wife would agree and allow meto have a proper relationship with my daughter.
However now my daughter who was closer to me then is very averse towards me as i think my wife and their family have poisoned my daughters mind. This i got to know once while i met her near the school and she did not wanted to come to me.
My wife is working employee, she works from 8 am to 8 pm, she is staying with her parents and my daughter is with her taken care by he maid servant and her parents.
I am currently engaged in a consultan since i lost myjob recently. However there is no issue on that irrespective of whether i have a job or not i can take care of my daughter at the same standards how i have taken care of her from her birth.
Now i am contemplating to approach the madras high court for child custody. Under current situation, what are my hances of getting the child custody and what would be the implications.
Y V Vishweshwar Rao
(Expert) 31 July 2009
The female Child Custody is more comfortable with mother, in genral !
You have to get a Orders from Court to spend with your duaghter one day / on week ends and a direction by court can be given to your wife to allow you to spend with your daughter !
Tarun Kalra LL.M, M.B.A
(Expert) 31 July 2009
generally upto 5 years of age the kid stands with mother. you can file a petition for the custody of your daughter but court would also see that you have lost your job and you have no source of income so how you will take care of your daughter without money. better file a petition for custody, the court will allow you to meet once in a week with your daughter.
PALNITKAR V.V.
(Expert) 31 July 2009
I have already suggested you on your mail i.d.what you should do. It would be better to file application for custody and ultimately settle down on access i.e. visitation if the court is not inclined to grant custody.
V.V.RAMDAS
(Expert) 31 July 2009
Mr Chadrasekhar,
You can file a petition for custody of your daughter under Words and guardian Act, before the District Judge of your jurisdiction. But Generaly the court will not allow your prayer till your wife remaries and there is also tradition and there are courts verdicts that the girl child ought to have with in the custody of the mother as the biologycal body construction of a female child needs.
neeraj
(Expert) 01 August 2009
Dear Chandrashekhar,
Just ask urself, is r daughter is yor own blood or a weekend TV program? Why will u meet her only at weekends at the mercy of your wife or court?
To all others who contributed to this thread,
Please do not follow the trend, break the trend and follow the principles of equality. I know you would say that r talking practical. But these are not the norms, that upto 5 yrs child has to be with mother or salary of father is an issue etc. There is a concept of shared parenting and joint custody in many of the countries and now its time that as a protector and custodinas of the law, lawyers and fathers demand joint custody in India.
Chandrashekhar,
PLease contact volunteers at www.crisp-india.org, they will guide you how not to loose your child.
Regards.
Khaleel Ahmed Mohammed
(Expert) 07 August 2009
You are advised hereby to file a petition for the custody of your child.Let us see what will be the descretion of the court.
