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My wife doesn't allow me to meet my son 6 year old how to get custody
20-Nov-2023 (In Child Custody Law)
We were married under Islamic law 7 years ago. Six years passed on quite peacefully and a son who is now 6 year old came into existence who is at present reading in UKG in Bishop School. All of a sudden without any reason my wife became stubborn and craved for divorce. She filed a divorce case in Distt.Court Pune and failed to prove anything solid and ultimately withdrew the case. She also did the same in another case which was filed by her in Lashkar Court Pune under DV Act. She does not allow me to touch the son or visit her house. I am law abiding citizen of Pune and does not want to use any sort of force. What is the easiest way of child access or full fledged custody?
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 secÂtion, 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 deÂceased 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 secÂtion, 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 deÂceased 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. Siddhant Sharma
Delhi | 500+ Answers
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