Custody of Child to Father

For further querries n any type of help u can contact me at: rakhibudhiraja@gmail.com

Mb-09711364956

For further querries n any type of help u can contact me at: rakhibudhiraja@gmail.com

Mb-09711364956

From my experience, practically an Indian father can expect to get custody of his minor child when -

1. The case is not being heard out in India, or/and

2. The minor's mother has passed away or institutionalised, or/and

3. The Judgement is delivered by someone who has personally faced the extreme bias of our legal system on this issue

@ Kunal

Some more addendum


4. When mother of child has left the society of father as well as "ordinary residence of child" scenario custdoy is retained with natural guardian / father.

Reasoning:
Here Ld. Courts maintains the status quo in such situation and lets the father have the custody till final custody (case if any) is decided. In such case father should immediately file for custody of child instead of waiting for mother to file such suit is my advise.


5. When mother is suffering with PAS and other related mental conditions.

Reasoning: Refer to my discussion in the appropriate Family Law Forum with Aflatoon Dash and other like minded members in such scenarios.

6. In cases where Father can prove conduct of mother and her family
Reasoning: Mother leaving child behind for day care with her parents and living outside the jurisdiction of child ordinary residence as well as conduct of her family and her previous criminal records.


PS.: Possibilities are endless if one can initially overcome “emotions” and “sentiments” in child custody cases (remember a mother has this natural gift !) and quickly travel across Appellate Courts single mindedly incase sees ‘special prejudice’ in his custody case.

Sir,

Do you have ANY reference that an Indian ourt has actually recognised PAS and that too attributed it to the custodial mother ?

Even IF there is any such instance, you will probably find that the Court has merely 'admonished' the mother or slapped a fine on her.

Please, if you know of any such precedence, let me know.

Regards