Child issue

NILESH TAMBE (Querist) 27 June 2020 This query is : Resolved
My brother wife has gone to her mother's house and not ready to come back due to small dispute and she is making it very big and she wants her son back and we don't want to give her what should we do if they forcefully come and take the child from his father my brother has a property or land since last 3 months she has gone to her mother house also tried two suicide attempt in my brother's house so what should we do. Please reply yyyyyyyy

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Guest (Expert) 28 June 2020
The Child should be with the Mother that would be the guidance of our Indian Courts. Separating a child from its mother would be treated as an harassment both to the child and mother. First hand over the child to its mother. If the Querist/ Author is an real well wisher of the Family take some moral steps to get the family united.

Dr J C Vashista (Expert) 28 June 2020
The child seeks love and affection of both of his parents, which is his birth right and basic requirement.
Whether your brother and family has attempted to reconcile and convince the lady to rejoin with dignity and honour ?
Advise your brother to sortout the issues amicably without resorting to legal course.

P. Venu (Expert) 28 June 2020
The father or his family are not entitled for the custody of the child, except in exceptional cases, that too, on the orders of the Court. The facts posted suggest that the mother has suicidal tendency. The competent court may be moved seeking to retain the custody of the child on this ground.

K Rajasekharan (Expert) 28 June 2020
Since both the parents are staying apart in different houses and the child is in the custody of its father who is its legal guardian as well, the mother cannot forcefully take the child away from its father when there is a dispute or reluctance on the part of the father to give away its custody.

In such a case, the only option available for the mother to get its custody is to file a child custody case in the family court and do what the court decides.

Normally the custody of a male child of upto 5 years of age and of a girl child upto 18 years of age is given to the mother alone. This is only a broad general practice based on some psychological and physiological factors. But it is not binding on any court.

The family court has unfettered authority to take any decision based on the facts of the case in hand and considering the welfare of the child. The well being of child should be the only thing that binds the court in taking its decision.

There is no doubt that taking a child forcefully by a parent from the other parent is also absolutely against law.

Guest (Expert) 28 June 2020
Inexperience is an quality allowing (advising ) to do the impossible -Herbert Prochnow

Guest (Expert) 28 June 2020
Mother need not go to court to claim her child. The Police would do it.

Guest (Expert) 28 June 2020
Only the Father has to claim it in Court as rightly advised by Advocate Mr.P.Venu

Guest (Expert) 28 June 2020
As per the statement of Author / Querist Mr.Nilesh Tambe When the Suicide attempt of the mother had happened at the place of husband's brother it will not justify the refusal of the child to the mother and will not be accepted or justified in Court. A Good Advocate of the Mother would easily teach the Lesson. Separating a Mother and Child is worse than a Crime. For a Child the Mother would be the Primary need and not any one else including the father.

Guest (Expert) 28 June 2020
Dr. Patricia De Marco Centeno an Psychiatrist in California who specialize in Maternal Mental Health says that the Mothers forcibly separated from their children are likely to suffer from acute stress reaction such as extreme fear , panic like episodes , insomnia , poor eating , poor self care etc.

Guest (Expert) 28 June 2020
Separation of a Child from its mother would cause the Child a number of Psychological and behavioral consequences that may contribute to a complex in changing the pattern of vulnerability over the life span.

Guest (Expert) 28 June 2020
Mother is a Blessing which No One in the World could replace including the biological Father.

Rajendra K Goyal (Expert) 28 June 2020
What is the age of the child?

Normally court gives custody of minor child to mother till circumstances otherwise exist.

Try to have amicable settlement if possible.

She has tried suicide two times, try for mutual consent divorce if possible.

Hemant Agarwal (Expert) 28 June 2020
1. IRRESPECTIVE of rights or sentiments of such nefarious & suicidal Wife, DO NOT give away the Child to such Wife who has abandoned Husband and Son and hibernated to her own Mother's house.

2. Wife is mentally unstable and has no right to custody of Child. Obtain Police Report of such nefarious mother's earlier Two suicide attempts and affidavit of Witnesses to such events. Herein the Son's life & future will be at grave risk.

3. Accumulate documentary evidences & witnesses against such nefarious self-centered Wife and such nefarious Wife will not be entitled to any type of Child Custody or Visitation rights or any Alimony or Maintenance or any other monetary benefit, more so since she has expressly portrayed her Cruelty to Husband & Son, by abandoning them.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Rajendra K Goyal (Expert) 29 June 2020
In case mutual consent divorce not possible, gather all proofs of her mental position, record of her suicidal action and file suit for divorce.

K Rajasekharan (Expert) 29 June 2020
When there is a dispute between the father and the mother regarding the custody of the child, the only legal authority in existence under the Indian Constitution is the family court, and the family court alone.

It is a discretionary power endowed by law on the family court. Even the higher courts have also no role to play except when the issue reaches them in the form of an appeal or revision.

The basic doctrine to be followed by the family court in child custody case is nothing but the wellbeing of the the child alone.

That somebody will commit suicide if child custody is not allowed to the person is not at all a genuine ground to be considered by the court in deciding the issue.

The Police have have no role in a child custody dispute as it is purely a civil matter in which police cannot and should not interfere.

If the mother comes and takes the child away by using force or muscle power of some kind it becomes a genuine reason for instituting a criminal case on the person who forcefully takes the child away.

Guest (Expert) 29 June 2020
" Why do people always assume that volume will succeed when logic won't ........Damon " -- L.J. Smith -----Nightfall

Guest (Expert) 29 June 2020
There could no safe place for the child than the place of its Mother . . Here they say that the Mother had attempted Suicide Twice . The Reason is the Child was forcibly separated from her.. " A Good Complaint " to the Police would get the Child back to mother. Only the Father has to approach the Court.

Rajendra K Goyal (Expert) 30 June 2020
In matrimonial disputes, law is pro-ladies. Amicable settlement would be best solution.
Take help of relatives, family friends, respectable person from society.
If not possible wait for the action from their side.

P. Venu (Expert) 30 June 2020
What is meant by "pro-ladies"? Such an assertion is repugnant of the basics of Rule of Law. It is right to equality that permeates Rule of Law.

Guest (Expert) 30 June 2020
" Smart people learn from every thing and every one , Average people from their Experience , But the Stupid will already have all the answers" ' -- Socrates.

Guest (Expert) 30 June 2020
People should understand the Meaning before posting any Irrelevant Comments

Guest (Expert) 30 June 2020
Pro -- Women " or " Pro Ladies " - " Being " Pro Women " means Fighting on behalf of Women and their Issues they care about.. Is there any thing out of way or any thing Illegal in using that Word -- the Concerned person who commented could Justify . and could explain what is " Repugnant " here