child custody

138 votes

As per law if the child's age is less than 5 years, the mother can claim for physical custody and father can have a visitation rights. But after the child has crossed the age of 5 years, the physical custody and up bring of the child will be considered by the court. So, if the child is in your custody then you can file a case under Guardian and Wards Act seeking custody of the child if your husband denies you for the same.
A parent can claim the custody of the child under Section 7 and 17 of the guardianship 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.
In most of the cases the Visitation Rights are awarded by the court to the parent to visit the child. 
But in some cases the court can decline the visitation rights as well if the court can be reasonably convinced that visiting the child by the other parent will have any ill effects to the well being and growth of the child.

LawRato LawRato

904 votes

Hi

In this case it is advisable that you should

immediately apply for custody and access


under section 26 of hma.

You can also claim relief for permanent


custody under the same provision of law







Pls contact with detailed facts of the case so

that we can advice you better

Advocate Rohit Shaligram LawRato

726 votes

Hi, under Hindu Minority and Guardianship (HMG) Act “Section 6(a) of the Act, therefore, preserves the right of the father to be the guardian of the property of the minor child but not the guardian of his person whilst the child is less than five years old. Hence as your husband has appealed in the high court, you may fight to seek custody of your child under the above act.

Advocate Rajesh Kumar K LawRato

607 votes

Dear client you have not mentioned the age of your child,. No doubt father is always the guardian of children,but your wife Just filed the petion,but from whose side mistakes are going on ,can possiblity of stopping of these mistakes,you are sensitive to your child,can you make changes in your attitude for such qute. child.same for her also, for completion of all matters 3to 4 years May pass how both you will look,and which type of girl or woman and for her husband get, consider both ten times,but try to avoid divorce.wish you all the best.

Advocate Vijay Kalu Wani LawRato