Divorce

The section is 498A  and not 478A. Answers to UR questions

1. engage a lawyer in UR place and he will take care

2. can't put time limit

3. go through the below mentioned laws:                                                                                                                                                                  Advice on Divorce

Parental rights in India after divorce

Parental rights are the legal obligations and responsibilities that a parent has for their child. Failing to fulfill the needful duties result in child abuse or neglect, thereby terminating the parental rights legally. But neglecting duties in India is hardly a matter to be considered as enough for terminating parental rights. Termination can be voluntarily or involuntarily, and for various reasons. However, here our concern is to deal with parental rights after divorce.

Child custody is most-sought after aspect of divorce, with each parent trying at their wits end to gain legal guardianship of their child. It is a tormenting whirlpool for parents as well as for the child, with parents and extended family trying to influence the child. Though in India, mothers are naturally favored for legal custody yet court’s decision is based on the best interests of child and not the parent’s best argument. Guardianship of child is offered to a parent who is seen most fit for the upbringing of the child, providing better financial security and adequate parenting skills.

However, India being a secular country has to respect religious beliefs as well. Hence, personal laws have different notion of physical child custody.

Custody under Hindu Law

The secular law for appointment and declaration of guardians and allied matters, irrespective of caste, community or religion, is Guardianship and Welfare Act, 1890. Under this act,

·         Minor child, under the age of 5, are committed to the custody of mother.

·         Older boys to father and older girls to mother, however there is no hard and fast rule and the paramount factor in decision is welfare of the child.

·         The choice of child is considered, above the age of 9 and is only held if it complies with the fulfillment of the welfare requirements of child.

·         A mother who is proven to neglect the child in his/her infancy is not handed with the child custody.

since last 32 months any mediation process you have started or just want divorce because here a small kid is involved and are you paying maintenance to your wife or child because once you file divorce she will file for maintenance 

and this is a long period why you waited for such long period to apply for divorce you should have meet a local lawyer at your place and go accordingly as per your lawyer suggestion and about child as being a girl child maximum age 7 to 10 years will be mother custody and only you can file for visitation rights through court 

Dear Sir

Greetings

I have filed petition Voidable marriage under section 12(a)1 on 22 Sep 2012. Now medical has been conducted of the respondent and medical board report has received in court but new judge not doing proceeding either he is not reading medical report or not disposing maintenance application under section 24. he is not doing proceeding. in last hearing i asked true certified copy of medical report than he denied irritation of me he has given long date 5 months. 

let me know what is further process i.e. first either he will dispose maintenance application or reading medical report. after receiving medical he has proceeded two hearings but he has nothing done in two hearings.

if i write an letter to chief justice in high court than will he work expediently or not ? and what he can react.

can i take medical report through R.T.I. either from court or hospital?

i filed a case against my husband in a women ps under sec 498A,406&506 OF I.P.C. R/W.34 0F I.P.C. & SEC 4&6 OF DOWRY PROHIBITION ACT.. my case was registered at police sation & did not proceeded forward to court ,we decide for mutual divorce as my husand n his family requested with a M.O.U. which mentioned that my husand shall pay 30,00,000/- on behalf of withdraw of the complaint n mutual divorce, they agreed to pay 10 lakhs at the time of execution of agreement & on the day to file a mutual petion before the honourable court...but as there is no evidence n security given by them for the remaining amount  do i have any right to go legally to get the rest of agreed amount from my husband if there is a possibility i want to know the proceed of that....n do i can take any action against the breach of the agreement.......n i want to know whether i can close my case in the police station or the court n after the closure of the case if my husband did not come to evidence of divorce what kind of action should i take against him...please suggest me n help me..............  

Mr, Satyanarayana, Why are U linking UR query in this thread. I have repeatedly asked the new querists to post in new thread. U will not only confuse the original querist and also the experts

@Niranjana Lingu:  you can file a divorce case on the grounds of desertion, non-cohabitation and cruelty.  How long it will take will depend on thee court as well as the attitude of the opposite party and the lawyers. For child custody, you may apply for it separately.