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TANAJI JAMDADE (LAWYER)     22 August 2024

Custody of minor child

One query regarding in matrimonial petition whether the natural father seek the custody from wife?  The powers of custody?

The specific provisions regarding powers of custody of minor child?

Whether the family court having jurisdiction to give custody of minor child?

Explain 



Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     22 August 2024

The biological father can very well seek for child custody by filing a petition under guardians and wards act before the jurisdictional family court.

The father is the natrual guardian and the mother can become natural guardian only after the demise of the father hence the father can very well seek child custody for the substantial reasons he relies upon and with the support of documentary evidences he can estanblish his pleadings

1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     22 August 2024

The biological parents can seek child custody.  But depending on the situation, courts can grant custody even to the father.

Dr. J C Vashista (Advocate )     23 August 2024

Section 7 of Guardians and Wards Act, 1890 may be relevant which reads as:

"7 . Power of the Court to make orders as to guardianship.-

(1) Where the Court is satisfied that it is for the welfare of a minor that an order should be made- Appointing a guardian of his person or property or both, or declaring a person to be such a guardian the Court may make an order accordingly. An order under this section shall imply the removal of any guardian who has not been appointed by will or other instrument or appointed or declared by the Court. Where a guardian has been appointed by will or other instrument or appointed or declare by the Court, an order under this section appointing or declaring another person to be guardian in his stand shall not be made until the powers of the guardian appointed or declare as aforesaid have ceased under the provision of this Act. 

1 Like

VENKATA MOHANA RAO PATHAKOTA (PRACTICING ADVOCATE AT SUPREME COURT AND HIGH COURTS)     23 August 2024

Family Court is the competent Court to decide the Child Custody

1 Like

Dr. J C Vashista (Advocate )     24 August 2024

 
 
 
 

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