Wife is not sending kid at school, how to claim the custody?

693 votes

In Indian laws, there is no separate notion of physical and legal custody. The custody for child for Hindus is determined by Guardians and Wards Act, 1890 and Hindu Minority and Guardianship Act, 1956. HMGA 1956 has overriding effect on GWA 1890. An important provision in HMGA 1956 is Sec 13 which states that “Welfare of minor to be paramount consideration”. With that clause, the favourable clause 19 of GWA 1890 towards fathers for child custody has been overridden. In practical terms, it has meant that child custody can be more easily granted to women in interest of child.
HMGA Sec 6 (a) gives custody to mother for child less than 5 years old. So it will be difficult (or maybe impossible) to fight for custody of child less than 5 years old if woman insists on custody. However, it is not impossible and that is the beauty or maybe unfortunate thing about child custody cases.
So most important thing to be considered by court is welfare of child by keeping these points in mind:
1. Courts go by principle of welfare of child and not which parent is guilty or innocent of whatever the other party is claiming them to be.

2. Courts do not want to disturb the status quo of physical child custody unless strong evidence can be presented to the contrary.

That brings us to the reality about child custody: physical custody, i.e. child living with you will

LawRato LawRato

672 votes

Hi you have to show in court that from how many day month's she is not sending your kids to school what is her financial condition behavior. It depends on age background of your wife her job and many thing.

Advocate Mrutyunjay Mahendra Bhokhare LawRato

603 votes

Hi
In this case you can proceed to family court for custody of the child as the precious years of he education are being ruined but the act of her.

Contact for further legal advice regarding your case.

Advocate Rohit Shaligram LawRato

693 votes

Dear client
your brother can file a case claiming custody of daughter. If court deems fit a search warrent can also be issued against the wife for search of daughter and court can give legal custody to ur brother

Advocate Priya Sachin Zoting LawRato