Child custody
Khadakpada
(Querist) 10 August 2016
This query is : Resolved
dear sir ,
i have one daughter 6 years old and my wife is pregnant . my wife dont want to leave with my parents and she has been left home . presently my daughter is with me . i asked to my daughter that with whom you want to leave , she said that with papa . but as per law what is the criteria ? whether i can get the custody of my daughter as her carrier will get spoiled in village where her mother lives . i am convincing my wife but she is not ready to understand .
please guide me .
Dr J C Vashista
(Expert) 11 August 2016
Father is the natural guardian of minor.
Khadakpada
(Querist) 11 August 2016
thanks Mr. Vashistha , is there any provision by which we can get the custody of child for sure .
Rajendra K Goyal
(Expert) 11 August 2016
Try for amicable settlement to save marriage at this stage when wife when wife is pregnant. Take help of relatives.
Rajendra K Goyal
(Expert) 11 August 2016
Try for amicable settlement to save marriage at this stage when wife when wife is pregnant. Take help of relatives.
Khadakpada
(Querist) 11 August 2016
thanks Mr. Rajendra
i have tried but now she is not ready to understand . lets see after some time she will realize. i had told her that children s life will get spoiled .
Advocate/CS Sanjeev Kataria
(Expert) 11 August 2016
Amicable settlement is the best solution. custody of child up to the age of 5 years.court consider the welfare of minor while granting custody.since the child is with u what is panicking you.
Khadakpada
(Querist) 12 August 2016
dear sir ,
child with me but she will also try to get custody of the child , and if happened then carrier of my daughter will get spolied , that is my biggest worry . if she is living in city and able to give good education and other facilities then i dont have any objection of giving custody . but that is not the case .
my daughter is saying that she will live with me only but just want to know what is the criteria of law.
Dr J C Vashista
(Expert) 13 August 2016
Section 25 of the Guardians & Wards Act mandates the courts to see "paramount interest of the child".
There is no need to initiate any proceeding but to contest if she (your wife) files a case for custody of minor. She can have visitation rights if not granted custody.
Consult a local lawyer.
