Custody case of girl child
Ankarsh Rattan
(Querist) 09 June 2012
This query is : Resolved
My wife is living seperted from last 2 years. We have a girl child of 2.7 years. I had imposed conjugal rights case and custody case for child. She had imposed maintenance case for her and child. She is earning Rs 17000 and I am earning Rs 24000 per month. Now today both custody and maintenance case are heared. One is on other judge and second is on other judge. In custody case, she says i am ready to give child, i am not wasting my life in the courts. Judge ask me are you ready to tak ethe child, I said that Yeas I am ready. But judge says the shild is 2.7 years how can you take cre of her. Then judge says we will sent your case to mediation centre. Now custody case will sent to mediation centre whose dated of hering is in July. In maintenance case judge imposed me maintenance of Rs 2000/- per month. So my question is, Is the custody of child is given to me on mother version, Is it possible in the eyes of law, when the girl child is 2.7 years only ? And the maintenance will not be in proportionate manner ?
ajay sethi
(Expert) 09 June 2012
custody of girl child is generally gtiven to mother . you can have visitaton rights . however if your wife is willing to give you child custody court may awards you the custody of your daughter . but as court pertitently pointed out it would be difficult for you to bring up your daughter alone . what will the daughter do alone in house when you are working ? unless you have support system it would be impossible for you to ake care of your daughter .
mainteance amount of rs 2 ,000 awarded is a measly amount . pay it
Shonee Kapoor
(Expert) 10 June 2012
Welfare of the child is the sole deciding factor for the custody of the child. If you think that you can take care of the child better than the mother, file for it.
One thing I would add, don't file the custody for possession of the child. Only if you are sure that you can take better care, go for it.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
