Divorce and custody of girl child

K.P.Nataraj (Querist) 24 February 2021 This query is : Resolved
Subject : Child Custody and Divorce
Message :
Respected Sirs,

A Divorce case was filed for my son in the year 2014. She (his wife) filed a RCR in 2014.

Interim Maintenance was decided in 2019 to a pay Rs.10000/= p.m. We are ready to pay the Interim Maintenance.

My Son has a girl child and now the girl chlld is with the custody of his wife.

Now because of the dissatisfaction with the old Lawyer, we appointed one New Lawyer.. In the divorce case only the counter of the respondent was done.

The wife in her counter to the divorce case raised so many false allegations such as we are demanding 1.5 lakh cash and a car. She also accused us we are against the Girl child and we scolded her for giving birth to a female child and were trying to completely abandon her from the family. The fact is that we are very happy with the girl child and treat the baby as Goddess Lakshmi.

Now the New lawyer says it is better to file a child custody case (GOP) in the Dist. court so as to show that we are interested in the girl child and filing this case may show to the Judge that we are interested in the welfare of the girl child.

Now our questions are:

a) whether we can file the child custody case now (or) shall we file the case after the divorce caser is finished in our favour?
b) whether filing this GOP (Child custody) case now, would really help us in deciding the divorce case in our favour?

Please clarify.
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K Rajasekharan (Expert) 25 February 2021
Both are distinctly independent cases to be decided based on different grounds but surrounded by many interrelated issues.

The divorce case would not get any advantage because of filing or not filing a child custody case.

Every divorce petition normally contains a serious or fanciful stereotype stories usually added up from the computer of the advocate or his clerk. Such stories have no much material value in a case at all.

K.P.Nataraj (Querist) 25 February 2021
Respected Rajasekharan Sir,

Thank you very much for your valuable information.

K.P.Nataraj (Querist) 05 March 2021
Our Lawyer sir says that by filing a Chlld custody case can show the bonafideness towards the child welfare, so it will be helpful in divorce case too.

I am little confused . Please clarify.

K Rajasekharan (Expert) 05 March 2021
I didn't tell you that you should not file a child custody case. You can file one if you are genuinely interested in.

But the only thing I mentioned was that the fortune in the divorce case is not much dependent on whether you file a child custody case or not.

This is because divorc case will be decided based on some other grounds or reasons specifically enlisted in the law. Cruelty is the most common and much used ground for divorce.

Now there has been a tendency to treat any disharmony in martial life as cruelty by the lawyers and plead for divorce.

The lawyer gets more money as fee if you file more number of cases. Any case will normally generate one or two counter cases as well.

Even if you get a favourable order in a child custody case such a custody may later be countered by a pocso case, if the child is of other gender.

Majority of advocates have a propensity to create or generate some cases or counter cases based on their own imagination, as engineers make construction more complicated than actually required eyeing on their profit.

Anyway you can decide whether you want to file a child custody or not. But it may not make the course of your divorce case much brighter.

Guest (Expert) 05 March 2021
K.Rajasekharan -- Ex Officer - ( Presently busy in Making Damaging Comments about Legal Field )- This is Lawyers Club Mind It. You had already made Damaging Comments about Honorable Judges and Honorable Courts Every thing is in Record. In this Thread in your Last Post you had made Very Defamative and Damaging Comments about Our Learned Advocate. If you are an Genuine Person Post your Genuine Address here. Also Note this is Not an Market your Websites. Mind It.

K.P.Nataraj (Querist) 05 March 2021
Respected Rajasekharan Sir,

You have cleared my confusion.

I sincerely thank you very much for your right advices and honest replies.

Guest (Expert) 06 March 2021
K.Rajasekharan --- Ex Officer -- Post your Genuine Address

K.P.Nataraj (Querist) 10 March 2021
Respected Sir,

I have one more clarificatioin .

Shall we now ask for the visitatiion right in the sub court ( where the divorce case is going on) to show the bonafideness in child.? Instead of filing a Child custody case shall we ask for visitation right in the sub court.?

We are ready to pay the entire amount of Interim Maintenance. Doesnot it show the bonafidness in the child.?

K Rajasekharan (Expert) 15 March 2021
You can ask for the visitation rights during the divorce proceedings, if the court in your state permits it.

In some courts, separate petition is needed for permanent custody of child but request for temporary custody can be made on the go by an interlocutory petition.

There is no hard and fast rules in such matters, as rules of civil cases are not directly applicable in family court cases.

A divorce case is a case between the husband and the wife in which your approach towards the child will not matter.

So you don’t need to show anything in regard to your attitude towards your child in such a case.

K.P.Nataraj (Querist) 15 March 2021
Respected Rajasekharan Sir,

I thank you once again for your clear and right advices.