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Wife filed false cases want custody of child who is completing 7 years
01-May-2023 (In Child Custody Law)
I want my son custody as he will be completing 7 years this may 10 2016 i have files RCR & G&WC in family court after a pity quarrel with my wife on 28th Dec 2015. Instead my wife responded filing 498A,506 3&4, DP Act iam on bail now while the magistrate in his order sheet have mentioned that Crpc 41 & 41 A was not followed by the Police office who arrested me. Now i have no intention of bringing back my wife and live a normal life my parents and myself are very much depressed and many times i feel to end my life but living with the hope of my son please help me how to come of it.
A parent can claim the custody of the child under Section 7 and 17 of the gurdianship Act and under section 12 of the Hindu Minority Act.
Section 17 in The Guardians and Wards Act, 1890 is mentioned below for your understanding:
Matters to be considered by the Court in appointing guardian.—
(1) In appointing or declaring the guardian of a minor, the Court shall, subject to the provisions of this section, be guided by what, consistently with the law to which the minor is subject, appears in the circumstances to be for the welfare of the minor.
(2) In considering what will be for the welfare of the minor, the Court shall have regard to the age, sex and religion of the minor, the character and capacity of the proposed guardian and his nearness of kin to the minor, the wishes, if any, of a deceased parent, and any existing or previous relations of the proposed guardian with the minor or his property.
(3) If minor is old enough to form an intelligent preference, the Court may consider that preference.
(4) The Court shall not appoint or declare any person to be a guardian against his will.
Section 17 in The Guardians and Wards Act, 1890 is mentioned below for your understanding:
Matters to be considered by the Court in appointing guardian.—
(1) In appointing or declaring the guardian of a minor, the Court shall, subject to the provisions of this section, be guided by what, consistently with the law to which the minor is subject, appears in the circumstances to be for the welfare of the minor.
(2) In considering what will be for the welfare of the minor, the Court shall have regard to the age, sex and religion of the minor, the character and capacity of the proposed guardian and his nearness of kin to the minor, the wishes, if any, of a deceased parent, and any existing or previous relations of the proposed guardian with the minor or his property.
(3) If minor is old enough to form an intelligent preference, the Court may consider that preference.
(4) The Court shall not appoint or declare any person to be a guardian against his will.
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Adv. Sudershani Ray
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