Guardians & wards act,1890
Nairita Datta Chowdhury
(Querist) 15 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 years citations in favour of the father who is seeking to see his child and to take custody of him.... need it very urgently...
Adv.R.P.Chugh
(Expert) 16 July 2012
1. The child is illegitimate son of his parents.
2. For an illegitimate child - mother is the natural guardian and AFTER her the father.
3. But nothing and nobody (unless there are grave circumstances which render it inconducive to child's overall growth - for it to be visited by father) father is entitled to visitation rights.
Nadeem Qureshi
(Expert) 16 July 2012
Dear Querist
you should search through supreme court site or google for this