Urgent reply needed

  Natural guardians of a Hindu minor

The natural guardian of a Hindu minor, in respect of the minor’s  person as well as in respect of the minor’s property (excluding his or her undivided interest in joint family property), are-

(a)       in the case of a boy or unmarried girl- the father, and after him, the mother, provided that the custody of a minor who has not completed the  age of five years shall ordinarily   be with the mother;

(b)       in the case of illegitimate  boy or an illegitimate unmarried girl- the mother, and after her, the father;

(c)       in the case of married girl -the husband:

PROVIDED that no persons shall be entitled to act as the natural guardian of a minor under the provisions of this section-

(a)       If he has ceased to be a Hindu ,or

(b)       If he has completely and finally  renounced the world becoming a hermit (vanaprastha) or an ascetic (yati or  sanyasi)          

Explanation In this section, the expression “father” and “mother” do not include a step- father and a step-mother.

Is there any way through which I can get custody (hook or crook) as my mother can take care of him.

My wife is not earning and wont be able to take good care of my child

@Querist,

 

You have no valid ground to take custody of the child. Even if your wife is not working, she would be able to claim maintenacne both for the child and herself.Therefore, rather thinking in monetary terms, you should also show due care and love and affection towards child.Then only, you may get the custody to your child by the court verdict.

 

I would like to make one more point that is not to go for divorce if you really want good for your child's bringing-up.Try talking to your wife,make some reasonable compromise in view of the welfare of your child.

 

This is all what I would like to recommend at this stage.

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

Sir, I would second the view expressed by sumitra kumar legally on the aspect of custody and add that it is the discretion of the courts to decide the issue of custody. The litigating spouses are expected to come clean before the court and express their bona fide reasons for custody of the child. The court then based on the fact as to what will be in the best interest of the child determines custody. One cannot in such cases statergize one submissions asa there is no neatly laid down law pertaining to custody except that the court will way the interest of child. As you can see merely because you can financially support the child will not and cannot be the only ground that can sway the custody in your favour. *Adv. Elgin Matt John, www.elginmattjohandassociates.com, 91 9818732715

hello,

how old your son is ?

factor for deciding custody will be sole welfare of child.

 

 

regards-

rahul.gogreen@gmail.com

 

Respected Sir,

 Urgent requirement of advice please. There are 5 members in my family. Parents and 1 elder sister who is married and one elder brother and who is unmarried of age 26 and me the age of 23. My question is my elder brother love the girl who is sister-in-law of my Sister. My brother has not done the marriage with her and also not run away with her and also not doing physical relation with her. Just talk on phone. But both want to marriage with each other. But the opposite party (means the parents of girl) ignore it and demand that you write on stamp paper that the boy(my brother) do not love her and do not marriage with her in future. Girl does not contact with my brother now. So what should i do in this situation????. And also my brother can do the marriage with her in future with her permission.????

 Please give me the proper guidance for this case...

Thanks a lot.

hello,

such out of court settlements if of no use.

if they want to marry then they can.

try to convince their parents.

 

regards-

rahul.gogreen@gmail.com

@Chetna,

 

There is no legal hassle in the said situation. But Since 'A man is a social animal', he/she must take care of the society to some extent.

 

In my opinion, Talk to your brother and try to make him understand the social outcome of such act.Moreover, her parents(the in-laws of your sister) are not ready for such marriage.Avoiding such resistance is not good for a healthy relationship of your sister  with her in-laws.

 

So it's upon you how you contribute to your family happiness.

 

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

Brother - Just one humble suggestion...  today I am coming from court and seen the same case as yours. Even Judge has felt sad for this kid when she has seen mother and father both fighting so insanly with each other. You better give the custody to your wife and pay some amount to your son well being. If you are planning to marry and bring home a step mother for his kid ... just think once...

Sautaali Maa to bagwaan Ram ki bhi apni nahin hui this to tumhari kaise ho jayegi...?

I also cried when I seen this little girl situation.. She is going through a lot of mental stress... She cry for her mother, she cry for her dad and both mother and father keep fighting with each other.

Don't be insane man... Have some heart... God would give you a lot of money and happiness... but just keep your ego low and go with some decision which is in favor of your kid... Remember you can win in human's court but finally you have to stand in the God's court and give him a final reply!!!!!