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Rakesh Agr (fighter)     21 October 2015

Custody of 2 year old boy child.

Dear Sirs - is it possible to get custody of a 2 year old boy child ? The boy has an elder sister (girl child) who is 6 years age and also stays with mother. The mother does not breast feed the boy and stays in a unhygenic locality. Financially & Education wise father has good points. He and all his siblings are from IIT's and is well established.  In this scenario can court give custody to boy child to mother applying "tender age" principle. Father is worring because normally courts prefer to keep siblings united and award custody of both to either the husband or wife. So the wife will use the tender age of boy as as tool and the court will go with her. 

Does the father has a legal remedy to this? The kids were forcefully taken away from him in Sep-2014 and he did not file a missing complaint to local PS station to avoid issues. If he does it now will it help?

Kindly help a hapless father

 



Learning

 3 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     21 October 2015

No, the father cannot have the custody of the girl aged 6nyrs snd a 2 yr old boy.Even the court will not permit it, but it is his bonded duty to pay for the maintenance of the children and for their educatiion as well.He can only secure visitation rights.


(Guest)

Depends on what kind of vakeel you have, trust me, vakeels argument powers can make or break the case.

Rakesh Agr (fighter)     22 October 2015

You are absolutely right Gyan Prakash. I will file a case and be in person. Prepared for a long haul


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