Custody of children
Azimurrrehman Ansari
(Querist) 15 March 2015
This query is : Resolved
I have two children and they are living with their mother in Ahmedabad. I am living in Mumbai. My wife deserted me and took my children to Ahmedabad. She got the order for maintenance of children and not for her.
My questions :
where should I file the case for custody. In Ahmedabad or Mumbai.
If the children says no - we don't want to live with father, the court will permit me custody or not ?
If my salary increases in future, can the court increase maintenance. And if my salary decreases, can the court decrease maintenance ?
If I am paying maintenance to children every month, can I get access to them without filing custody.
Thanks
Ansari
M.Sheik Mohammed Ali
(Expert) 15 March 2015
As per law. Below majority the children should be at mother only. And you have pay the maintenance and you can ask visiting rights. By filing.
Rajendra K Goyal
(Expert) 15 March 2015
Generally the custody is given to mother. You should file case at Mumbai for visitation rights. If she want to get the case transferred at Ahamdabad she can do so with the orders of Supreme Court.
Maintenance can again be fixed on change of circumstances with the orders of the court.
Advocate Bhartesh goyal
(Expert) 16 March 2015
Jurisdiction lies to file case for custody at Ahmedabad where your children are residing with their mother.Enhancement of maintenance depends on facts and circomstances of case.
T. Kalaiselvan, Advocate
(Expert) 18 March 2015
You have to file a custody case in the place where the children are presently residing, in that you may file an IA for visitation rights. Regarding the enhancement of maintenance amount, they have to file for that and if your salary is reduced then you may file a petition for revision of the order granting maintenance.
