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How to claim custody of 4 year old boy child ?
06-Feb-2023 (In Child Custody Law)
SIR, i inform u that my wife comitted suside on NOV and i was arrested by police on dp act and came back on bail this month now i want my child i have not seen him for NOV and i want to take him with me and his age is 4 year as on FEB2017 as he was going to school and it has been discontinued please help me . i am an Hindu
In its 257th report on 'Reforms in Guardianship and Custody Laws in India', the commission said the change in laws will let courts to consider awarding joint custody of children in circumstances beneficial to the welfare of the child.
At present, courts in India award a minor's custody to one parent or the other depending on who they think will ensure the child's welfare, though the legal position is different in Hindu law, which considers the father the natural guardian, and other secular laws, which consider the mother the natural guardian of a child.
According commission children are the worst affected in proceedings of divorce and family breakdowns. Often, parents use children as pawns to strike their own bargains, without considering the emotional, social and mental upheavals that the children may face.
"This imbalance is addressed through changes to the law that will place a duty upon the court to uphold the child's welfare in every case. This will ensure that the child's future is safe and protected, regardless of changing familial circumstances
Courts in India have recognised the welfare principle, but the framework is desired changes, so a new chapter on custody and visitation arrangements in the Guardians and Wards Act, 1890.Even now child’s grandparents can also apply for a grandparenting time order under the amended provisions.
At present, courts in India award a minor's custody to one parent or the other depending on who they think will ensure the child's welfare, though the legal position is different in Hindu law, which considers the father the natural guardian, and other secular laws, which consider the mother the natural guardian of a child.
According commission children are the worst affected in proceedings of divorce and family breakdowns. Often, parents use children as pawns to strike their own bargains, without considering the emotional, social and mental upheavals that the children may face.
"This imbalance is addressed through changes to the law that will place a duty upon the court to uphold the child's welfare in every case. This will ensure that the child's future is safe and protected, regardless of changing familial circumstances
Courts in India have recognised the welfare principle, but the framework is desired changes, so a new chapter on custody and visitation arrangements in the Guardians and Wards Act, 1890.Even now child’s grandparents can also apply for a grandparenting time order under the amended provisions.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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In the best interest of child you may seek custody of the child by invoking provisions available under guardianship and ward act 1890. There are chances of getting custody of child if you prove that the welfare of the child is neglected.
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Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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