custody of the minor child
Raghavendra P Hogade
(Querist) 30 June 2010
This query is : Resolved
Good evening sir, I require your valuable suggestion on the following point husband & wife got divorced mutually during 1998. at that point of time, they had two years old daughter. wife did not claim the custody of the child and the child was given to the custody of the husband. in consideration of the child, wife demanded Rs.2,50,000/-which was paid by the husband and the visitation rights was given to the wife once in 15 days to visit the minor daughter. for 1 year from the date of court order, wife came & visited her minor daughter and thereafer stopped coming to see the child. now the child is 13 years old. now the wife has filed the case under Guardian's & Wards act claiming the custody of the child. the family court passed an interim order giving visitation rights to the wife every week sunday. only for 4 sundays wife came to see the child. but the child refused to go along with the mother. wife lodged a complaing against the husband in the police station. on one particular day, husband along with the daughter went to the police station and the husband informed the inspector if the child wishes to go along with his ex wife, he will not come in the way. but the wife did not turn up to the police station. both the husband & daughter gave voluntary statement before the police station. daughter gave the statement that she is not at all interested to see the face of the mother. now, the wife has filed a contempt application before the family court. during the hearing the family court judge has told the father that there is a supreme court judgement that the custodian should convince the minor children to go along with the parents and as to show how the father has convinced the minor daughter to go along with her mother. i want to know as to whether any supreme court judgement on the point that the minor daughter aged about 13 years old should not be sent forcibly along with the parents who seek custody ? Thanking you sir,
Devajyoti Barman
(Expert) 30 June 2010
You seem to have a good case. There are lot of Supreme Court decision which states that the child could be forcefully sent against her wish specially when she has attained sufficient intelligence to determine her preference.
G. ARAVINTHAN
(Expert) 07 July 2010
usually, minor girl child must be under mother's custody. after she attain majority, it is up to her wish
