Child custody case
Alpesh Makkampara
(Querist) 07 June 2015
This query is : Resolved
Hello Respected sirs,
I want to file child custody and visitation
case. I have 2 years old son. My queries are as below.
1. where child custody case can be filed, at his residence or mine?
2. During court procedure do i need to attend hearing?
3. Maintenance can be granted for him? As 125 is pending.
4.At which age will i get custody?
Dr J C Vashista
(Expert) 08 June 2015
@Alpesh,
1. The District Judge of the residence of minor.
2. Yes, you will have to be present.
3. The minor is entitled for maintenance.
4. You are mother or father, you did not mention. Interest of the minor is to be protected by court.
Rajendra K Goyal
(Expert) 08 June 2015
Agree with the expert Dr J C Vashista ji.
R.K Nanda
(Expert) 08 June 2015
nothing to add more.
SAINATH DEVALLA
(Expert) 08 June 2015
Alpesh,
If U R the real querist U have to come out with the complete facts.
Alpesh Makkampara
(Querist) 08 June 2015
Respected Sainath sir,
I am father of child. And I am fighting 125 and 498a.In 498a she is not coming.Bailable warrant issued against her last 4 months. In
125 case is on evidence of mine. This is all.
Dr J C Vashista
(Expert) 10 June 2015
1. As a father you may move petition for custody of minor with an interim application for visitation. It is your right and court shall not deny, however, it is depending upon the interest of minor.
2. The court is not bound to proceed in the absence of applicant and cannot compel complainant/applicant to attend the proceedings u/s 125 Cr. P C.
It is liable to be dismissed, if the applicant do not appear on the date fixed, request your lawyer to insist/pray the court accordingly.
How the court can fix the case for your evidence without closing the evidence of the applicant (your wife)? You are misinformed, recheck with your lawyer.
3. Similarly the accused shall be discharged in the case u/s 498A IPC, if the complainant do not appear.
4. You are mixing up four queries in one go, put them separately to avoid any confusion/the FREE expert's advise.
SAINATH DEVALLA
(Expert) 10 June 2015
Dr.Vasishta has given the apt suggestion to UR later reply,proceed according to him.
V R SHROFF
(Expert) 10 June 2015
Alpesh,
1. The District Judge OR FAMILY COURT of the residence of minor.IF fc EXIST, , dc CANNOT ENTERTAIN/ DECIDE CHILD VISIT/ CUSTODY.
2.you will have to be present, ON FEW DATES.
3. The minor is entitled for maintenance, ONLY IF COUNTER CLAIMED BY WIFE.
4. YOU R FATHER: Interest of the minor is to be protected by court.yOU HV TO PROVE U CAN LOOK AFTER BABY BETTER/ IN RESPECT OF BABY'S HEALTH, EDUCATION, AND DEVELOPMENT ETC.
HOWEVER VISITING WILL BE ALLOWED TO FATHER, AND CUSTODY TO MOTHER IN 99% CASES.
Alpesh Makkampara
(Querist) 11 June 2015
All respected sir thank you for precious advise.
Biswanath Roy
(Expert) 17 June 2015
You are legally bound to pay maintainence to your child
You can pray before the court for child custody in an appropriate manner showing bonafide causes.
