child custody case
Udit
(Querist) 01 August 2015
This query is : Resolved
I filed a case for the custody of my 7 yrs old son under sections 6 and 8 of the Hindu Minority and guardianship act, 1956. Now I submitted an amendment application to add section 25 of the guardians and wards act, 1890 in the plaint. The family judge says that both the acts are different and hence amendment can not be done and he said to me to take back the amendment application since both the section are of different Acts. Is he right and sholuld i take back my amendment application or let him disallow him on this ground.
Udit
(Querist) 02 August 2015
Pls advice.
Anupam Lahiri
(Expert) 02 August 2015
Dear Udit,
The substantive rights to custody of your son is governed by the Hindu Minority and Guardiaship Act, 1956, but the procedural matters for getting custody in the event of dispute is governed by the Guardians and Wards Act, 1890. The logic of the Family Court Judge is not tenable.
You should proceed with amendment of your plaint.
Regards,
Anupam Lahiri
Udit
(Querist) 02 August 2015
Thank you very much sir.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 02 August 2015
Yes the court is right.
You or your advocate is confusing the issues.
The custody applications can be moved only under marriage laws.
Hindu minority act is for property related matters.
And Guardian and ward act is applicable for all religions .
And read the provisions of section 25 more carefully , it does not provide for independent action for custody.
Udit
(Querist) 02 August 2015
Please advise whose view is correct. Since both are different
T. Kalaiselvan, Advocate
(Expert) 11 August 2015
I support the views of expert Advocate Defence, he has clearly explained the position of law.
