Daughter's custody
Querist :
Anonymous
(Querist) 23 November 2020
This query is : Resolved
Hi Team,
Sad to inform you that my wife committed suicide. Then my in laws filed false 498a 306 case against me and my family. I have 3 yrs old daughter. Now i filed Sec 97 to obtain her custody. Please help, so that my daughter is with me ASAP. Thank you so much in advance !
Guest
(Expert) 24 November 2020
Safety of the Child is more important than any thing. First you concentrate on getting Acquittal of the Cases .Till then you could seek Visitation Rights in Court
Rajendra K Goyal
(Expert) 24 November 2020
You have filed the case, wait for the outcome.
Rajendra K Goyal
(Expert) 24 November 2020
You have filed the case, wait for the outcome.
Guest
(Expert) 24 November 2020
The Reason behind being no 1 with maximum points is mainly by such Repeated Posts and mentioning as Repeated Query by Mr.Rajendra K Goyal
P. Venu
(Expert) 24 November 2020
What is the status of the case filed against you and your family?
What are the grounds urged in seeking custody? Have you, in the petition, mentioned of the availability of any female relative, such as mother, sister-in-law or sister, who can take care of the needs of the child?
Why Section 97(CrPC)? In my understanding, provisions of Guardians & Wards Act would have been the better option.
Advocate Bhartesh goyal
(Expert) 24 November 2020
Sec 97 0f Cr.P.C does not apply in child custody case.You have to file petition u/sec 7 of Guardian and Wards Act 1890.The paramount consideration is welfare of minor child.You have to satisfy court that you can do
better care ,interest and welfare of girl child.
Dr J C Vashista
(Expert) 25 November 2020
Very well analysed and advised by expert Mr. Bhartesh Goyal, I fully agree and appreciate his acumen.
Provisions of Guardian & Wards Act, 1890 shall apply in the case of custody of body and property of minor, where the Court shall consider "parmaount interest of minor".
Dr J C Vashista
(Expert) 25 November 2020
Before moving for custody of your daughter contest and defend FIR case against you.
Consult and engage a local prudent lawyer for better appreciation of facts, professional advise and necessary proceeding
