Custody of of 2 years girl to father

My blessings love all to your child.But still i would suggest you to give life a chance.

Kunki sab sabse se lade,pur baccha kisse lada.usko to dono ka hi pyar chahiye.

Ek bar socho aur koshish karo.

My best wishes to u

You will get visitation rights not custody in the present circumstances.  If she is unemployed and if she files for maintenance she will get the maintenance for her.  Irrespective of her employment status, if she files she will get maintenance for the child.  Once you get visitation rights, she may mellow down and start to come to certain compromise.

Also try to analyze sincerely why this estrangement happened?  The allegations levelled by her in her petition are her imagination or the imagination of her advocate?  Rarely parties put such allegations against each other.

I still don't understand this logic with women. They don't want the husband but want the kid born with the husband. I see many similar posts by husbands asking for custody. Why is this phenomenon so prevalent ?

I am thinking, only way to fight this cruel thought that women have is by having multiple kids(3 min)  so that they can't take the pain of bringing up the kids by herself.

First you make a FIR against her to theft your child without your information. Then you take any steps against her.

As thought, my wife did not receive the summons. We requested for dasti summons but the judge refused, however he agreed for affixtion. next date is 19/5/2012.

I request everyone to please give their feedback in case you are also in the same boat i.e in case you have also filed the case of custody and keep posting the proceedings. In this way we may help each other.

Thanx to all for thier concern

sir,

its not the matter of giving another chance. I have already given her 5 chances but after every few days, she has a new unrealsitic excuse. Finally i took this step. I have so many times tried to persuade her that at this time our prime importance should be our child but she is the one who wants the world to run on her ways. Im helpless.

Dear Shonee ji,

Can the matter cannot be proceeded ex parte after the order of affixation? and even if if the matter is proceeded ex parte, how will i meet my child during the pendancy of the case? is there any way i can persuade the judge for a short date as he gives the date for atleaset 1.5-2 months.

Thanx.

can anyone refer to any citations where a custody of a minor has been give to father in the recent past... Plese help.

Thanx

@Anudeep:  custody of a child in tender years (5 years) is normally given to the mother, unless she is incapable of taking care of the child which needs to be proved.  Please keep in mind that the welfare and the interests of the child is paramount in the entire process, so in certain cases if the mother has grossly neglected the child or has a mental condition, or a disease that prevents her from taking care of the child, then the custody of the child in tender years can be granted to the father.

@Vijay: If the police act as per the law, no FIR can be filed for theft or kidnap by the biological parent.  However, it is important to obtain other evidences that she was neglecting the child and hence you require immediate intervention.

As per guardians and wards act, custody of child upto 5 years of age shall ordinarily be with the mother. Even after 5 years, unless it is proven that mother is unfit to ensure child's welfare, the general trend is to grant custody to mother. Wishes of the child are also relevant. Do fight for your child if you have reliable evidence to prove that she is not in safe hands with your wife. Collect any additional evidence as and when possible. All the best!

Hello everyone,

Its now over 6 months, ive filed for the custody but only thing i am getting is dates. In the last date the report of refusal of my wife has been received and the judge proceeded the case ex parte for evidence and gave the date of  2months. In the mean time, my wife has filed the case under section 125 in ghaziabad and made my daughter also a petitioner in that case. She mentioned that she is staying with her old aged widow mother and does not have any source of income. According to my information she even has not admitted my daughter who is now around 2 1/2 years to any play school. Can this help me in my custody case or will give a negative effect? Also can i ask for visiting rights in the maintenance case? How?

Please help and please post any citations of this type.

Thanx n Regards

Under what section of GWA case was filed ??

I think having lack of source of income, not placed in day care / school till now are good points for you to put upon good case.

For 125 case she would have to prove that you have deserted / neglected them which is uphill task in  most of the case. You may voluntarily put application to pay for kid in 125 and submit the same in your GWA case as well, this would create good impression for GWA case. Also submit to GWA case that you want your kid to goto school and you would be paying all expense, this would again create plus point.  

I hope you have filed visitation in GWA u/s 12.

I am in the same boat as you are , lets communicate more on PM. God bless to your kid.