Child custody
King
(Querist) 11 December 2017
This query is : Resolved
Hi expert,
I got exparte divorce after one year of marriage ..and she filed a 498a case on my entire family, we never asked any dowry . Now we applied bail for that
Now my question is I have one year baby boy ,that boy is with my ex wife , I have filed a child custody on local court , my problem is my wife has addiction disorder , she always in online fa and Twitter . She never taking care about my child , so how to convey this issue to court ? Is there any judgement related about that. I am so scared about my child future
King
(Querist) 11 December 2017
Internet addiction disorder
P. Venu
(Expert) 12 December 2017
The court may allow child custody to the father on exceptional circumstances. You can make a specific application seeking child custody based on the grounds stated.
Vijay Raj Mahajan
(Expert) 12 December 2017
File petition for physical custody of the minor child on the grounds you have stated. The custody petition should be filled under the Guardians & Wards Act in the same district court where the minor child is residing with the mother. The court has to consider the welfare of the child and if the welfare of child is in your company than even though child is infant the court may grant you physical custody. You both are natural guardian of the child and you both have equal right to have the physical custody of the child but as stated the court decide on the criteria of welfare of the child whom the child custody be given.
Dr J C Vashista
(Expert) 16 December 2017
Custody of minor is a contentious and delicate issue which Guardians Court deal with great caution and care considering welfare of the child. I fully agree and appreciate the expertise and acumen of Mr. Vijay Raj Mahajan.
Dr J C Vashista
(Expert) 16 December 2017
@ King,
Which is your kingdom? You are an anonymous author and no such person is advised by experts on this platform, however, what is the opinion and advise of your lawyer who have sailed you through ex-parte divorce, who is competent , able and intelligent enough to advise and proceed.
