Guardians & wards act, 1890
Nairita Datta Chowdhury
(Querist) 07 July 2012
This query is : Resolved
A father wants his child to his custody, but in between the parents of the child there was no marriage held, the father accepted the child gladly and gave maintenance all the time whenever the mother of the child wanted for the child's education or for any other necessity. Now the father wants the child in his custody because the mother of the child is not taking proper care of the child, and in the name of the child's education grabbing money from the father, In the mean time the mother of the child stopped the father to meet his own son. In fact the father is not getting proper news of the child also and he wants to admit the child in any good school for his good education which is not possible for the mother because she is keeping the child with an illiterate servant as she is a working lady.
i have filed a case u/s 25 of the Guardian & Wards Act, 1890.
This is the fact of the case.... can u give me good recent citations in favour of the father who is seeking to see his child and to take custody of him.... need it very urgently...
ashutosh mishra
(Expert) 07 July 2012
It would be in your interest to visit the following page of this site
http://www.lawyersclubindia.com/forum/Citatation-for-fathers-seeking-child-custody-37320.asp
where following judgments are given.
1. Mridangra J. Hira Lal Suchak V. Neena M Suchak Civil Appeal No 69 of 1980, Supreme Court reported in 1 (1983) D.M.C page 360 - Father was given custody of child mother gets visitation.
2. Sanju V. Sobhanath Habess Corpus Writ Pet No 21335 of 1994, Allahabad High Court reported in 2 (1994) D.M.C page 616 - Father was given custody because father has better financial condition and mother is poor.
3. Smt. Rama V. Anil Kumar Joshi First Appeal From Order No 1142 of 1999, Punjab and Haryana High Court reported in 1 (2001) D.M.C page 264 - Father was given custody and wife claim dismissed that she is better financially.
4. Ms. Kala Aggarwal V Suraj Prakash Aggarwal & ORS. Crl. Writ No 248 of 1991, Delhi High Court reported in 2 (1992) D.M.C page 67 - Father was given custody despite he bringing the kid from USA and keeping in India.
5. Lekh Raj Kukreja V. Raymon. Civil Revision No 121 and 136 of 1989, Delhi High Court reported in 2 (1989) D.M.C page 75 - Father was given custody despite mother raising the point that if she is given custody boy will be with sibling.
6. Farjanbi V. Sk. Ayub Dadamiya . F.A. No 603 of 1987, Bombay High Court reported in 2 (1989) D.M.C page 583 - Father was given custody despite child saying that he want to live with mother.
7. Y. Varlakshmi V. Y. Kanaka Durga Prasad A.A. O 300 and 301 of 1987, Andhra Pradesh High Court reported in 1 (1989) D.M.C page 379 - Father was given custody because child is happy with father.
8. Tara Chand Mavar V. Basanti Devi D.B. Civil Misc Appeal No. 229 of 1987, Rajasthan High Court reported in 1 (1989) D.M.C page 402 - Father was given custody because child is happy with father.
In case you fail to get these judgement ,you should contact it author on that page.
