How to save my child(5 yr.) ??????

I am not a lawyer. But one thing you should know is that  the child 's mother has every right to know the child's address and make a plea that at this tender age the boy need not remain in the hostel, if she is ready to give enough care to the child at home. How can you keep the child in hiding from his mother? 

the cases referred by you have nothing to do with the custody of a child so, the court will not decide the custody in these cases. You cannot stop your wife from meeting your child. If she takes away the child from you then you'll have to file for custody of your child in the court and the court will consider the welfare of the child while deciding the custody issue.

I agree to both Renuka as well as Ms Archana. If a father who does not have a female member at home retains the custody of a child and keeps the child in a boarding school then he has himself made the case weak. My dear bro. you should have asked your mother or sister or aunt to look after the child at your home but keeping the child at tender age in a boarding school is not in welfare of the child. I have a feeling that by boarding you mean "day boarding" but still it does not make much legal sense as far as custody of child cases are concerned. Change your advocate who probably may have given you such guidence.

I do concur with above learned members.

can she take him during trial?

- I AM SORRY TO SAY THAT, ACCORDING TO ACT, UPTO 7/8 YEARS RIGHT OF MOTHER OVER HER CHILD IS ABSOLUTE, UNTIL IT PROVED THAT HER PHYSICAL PRESENCE OR INTERFERENCE IS DETRIMENTAL TO THE CHILD'S HEALTH, CARRIER & WELFARE.

- YOU HAVE THE VISITATION RIGHT UPTO THAT PERIOD.

THEREAFTER IT WILL BE YOUR TURN.

SOMEONE PL EASE CONFIRM THE EXACT AGE.

Or after completion of case judge will decide.

SHE HAS TO FILE A SEPERATE CASE., BUT SHE MAY CREATE PRESSURE UPON THE COURT OF 498A. HOWEVER THE CHILD CUSTODY WILL BE A CIVIL CASE.

CIVIL CASE NOT CRIMINAL

1. The Act says upto 5 years.

2. In a recent DV case in trial court of Delhi a father got 1-1/2 years olf female child custody

3. In another case of Bangalore a father got custody of his son 3 years old

4. In another case a father on whom his wife filed rape case got visitation.

so on so forth.......

5. It is the "welfare of the child" which is paramount and S. 17 GWA is test coupled with visual inference of a "wise parent that is Court" during visitation and ot chamber interviews which decides who is now the "wise custodial guardian" of a child.


a) In my opinion a father has as much equal rights ot meet and keep a child as much the mother has. But, if the child is of breastt feeding age then it should be with mother but even during that time visitation to father should be given.


b) In any custody / visitation case on floor of the court on very first hearing non custodial parent shoudl be given un-restricted visitation out of court complex.


c) In any custdy / visitation case the case should be decided in 6 months etiehr way with daily hearings. 
A corporate giants case can wait but not custody / visitation of a child case in any Court.   

sir , my male child is now 5 yr. old. he is stuyding in LKG in day night boarding . which is very reputated boarding school. which yearly cost is around one lac(100000) Rs.  and he is happy their in that enviornment.

he also don't want to go with mother.  rest is depend on god.what is in favour of my child.

Mr. Satnam Singh, do not commercialise a child's happiness. Even if what you have written is true, the very fact that you are mentioning money and connecting it to the child's happiness, is worrisome. Just a sentence that the child does not want to live with his mother does not explain anything. If mother refuses to take responsibility of the child, one can understand your price tag for happiness of the child, but if she does not and if she thinks the child would be better off living with her rather than in the hostel, I think she has a point even if she is not able to afford the child education with such price tag. 

Would be interested in hearing the experts' opinions. 

many of the mother use their child for extracting money from his father.

there not the motherhood but extracting  the money is in prefarance.

there child's welfare gone to hell.

hostel atmosphere vs  atmosphere created due to spousal quarrel.

- the atmosphere of the hostel will make the child more happy.

Arup ji, These are your general comment in this context. Let us stick to this particular case and wait for the opinion of the experts as to whether this plea would hold good in the courts. 

So then all children whose parents are divorced should be in the hostels! How strange!!

child must be away from these kind of enviornment like court/ police  quarrel in mother and father  . in this 5 year age what kind of impect will be on his mind  then his mental balance can disturb then who is responsible for this  court? mother? father?  . law is  blind,  police and law are on sale  is't????     indian law are the hell  it do't protect marriage  but it distroy the marriage life. i am not only bearing all this it may happen to you , to your child whether  you are advocate, megistrate, judge or policemen.!!!!!  fahter is not evil and mother is not Devi always .  after 1955    india have more disturb marriage lifes . and girls are like KALI DEVI.  for her parents also for  in-laws also. for childrens also for society .      sorry for this kind of language .