How can I get custody of my girl child

893 votes

For custody of your child, you need to file petition in appropriate court where child reside at present.

Since you have not informed as to whether your divorce was of mutual consent or contested one. If it was of mutual consent then custody depends on your mutual agteement. If was contested one then custody goes to that parent who can care better.

Advocate Goutam Prasad LawRato

571 votes

Sir, I would like to inform you that 498A complaint and child custody are two different matter. However at the time of divorce itself it is decided by court or by the parties mutually that who would have custody of child. You have not disclosed the facts, whether you are paying for child maintenance and when you were granted divorce. What is your wife source of income, who can be better parent in terms of taking care of a girl child etc are few important question to be taken into consideration, before giving any advise. therefore only after due consideration all facts and circumstance proper advise can be given. Therefore for proper guidance meet some lawyer and discuss your case in detail.

LawRato LawRato

868 votes

Sir, You can file petition for Custody of your child thereby giving all the relevant points which require attention of the court for granting you custody of your daughter. First of all you have to inform us whether you have visiting rights ? Secondly, the status of 498 (a) ? Thirdly, what is your financial status ? How many kids you have ? Whether your wife is working ? What were the grounds of divorce ? On getting these answers from your end, we will be able to help you out in a right direction.

Advocate Brijinder Khurana LawRato

527 votes

Was the divorce mutual? If it was, what was the settlement regarding custody of child? Generally child's custody is given to and remains with the mother only. Without seeing any document no proper advice can be given, considering the fact that you have written an sms like question.

LawRato LawRato

504 votes

Supreme Court in Nil Ratan Kundu and Another v. Abhijit Kundu reported in (2008) 9 SCC 413. In paragraph 52, the Court dealt with the principles governing the custody of minor children which is as follows:

"52. In our judgment, the law relating to custody of a child is fairly well settled and it is this: in deciding a difficult and complex question as to the custody of a minor, a court of law should keep in mind the relevant statutes and the rights flowing therefrom. But such cases cannot be decided solely by interpreting legal provisions. It is a human problem and is required to be solved with human touch. A court while dealing with custody cases, is neither bound by statutes nor by strict rules of evidence or procedure nor by precedents. In selecting proper guardian of a minor, the paramount consideration should be the welfare and well-being of the child. In selecting a guardian, the court is exercising parens patriae jurisdiction and is expected, nay bound, to give due weight to a childs ordinary comfort, contentment, health, education, intellectual development and favourable surroundings. But over and above physical comforts, moral and ethical values cannot be ignored. They are equally, or we may say, even more important, essential and indispensable considerations. If the minor is old enough to form an intelligent preference or judgment, the court must consider such preference as well, though the final decision should rest with the court as to what is conducive to the welfare of the minor."

In view of the above judgment it is very much clear that "welfare of the minor" will be considered by court.

Thank you

Advocate Siddharth Dev LawRato