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Permanent Custody Of Minor Child When Father Is Charged for 498A &304B
05-Aug-2023 (In Child Custody Law)
I got married in 2013. After that we blessed with 2 daughters and both are minor now. My wife gone to her home with the pressure of her father and mother to reside with them. 1 month after leaving from my home, my wife committed suicide in her own home. Then a false case is filed against me my father and mother and a charge sheet is submitted in court. We put behind bars also for 10 days. From her death my kids have only father now, so I ask my father in law and mother in law to return my kid and they refuse it. Then I move to family court for getting the custody of kids. I submitted OP & IA in family court in Jan 2019. IA is granted by FC and given interim custody of kids to us on March.My elder child is joined school also from this June 2019. Now my OP is called by FC in Sep 2019. So can you give me an advice based on your experience that how the final order will come? Is there any problem that a pending case is charged against us while considering the permanent custody of my kids?
Pendency of criminal case is not a ground for the court to draw a finding against you. But if you are convicted by the criminal court , the judgment as well as the relevant portions of evidence before the court is surely a hindrance for you to get over your goal. Any further clarifications, you can connect with me..
R. Madhuraj,
Advocate,
Trivandrum
R. Madhuraj,
Advocate,
Trivandrum
Helpful?
20+
20+
Adv. R. Madhuraj
Trivandrum | 100+ Answers
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hai.
hopefully you wil get the permanant custody as the court wil grant the best option left back for the minors wil b the remaining parent that is You. An kmportant aspect is how ur children copes to d situation and whether d acts of the kids convinces the court tat u r taking care of your kids at its best. i dont find anything adverse in ordering your favour. existence of case against you s a different thing. the paramount consideration in a guardian op is for welfare f the child. everything else comes secondary
hope am upto your query
hopefully you wil get the permanant custody as the court wil grant the best option left back for the minors wil b the remaining parent that is You. An kmportant aspect is how ur children copes to d situation and whether d acts of the kids convinces the court tat u r taking care of your kids at its best. i dont find anything adverse in ordering your favour. existence of case against you s a different thing. the paramount consideration in a guardian op is for welfare f the child. everything else comes secondary
hope am upto your query
Helpful?
18+
18+
Adv. Manoj George
Alappuzha | 200+ Answers
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