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Want child custody wife left home with kids wife is not working
26-Feb-2023 (In Child Custody Law)
I am the father and would like to know on basis the custody is given to the parents.? My wife is not working and moved to india from Canada at her parent's house along with my kids (daughter- 4 yr & son - 13 yr). I want my kids to study in Canada and I admitted them in school there and we all hold Canadian Permanent REsident status but my wife do not want to settle in Canada and that is the reason for dispute. For business reasons I have to travel to Canada, dubai and middle east and can take care of my kids education and basic needs. My wife presently unemployed but capable of finding job.
Assuming you are Hindu and are looking to file for divorce or custody of children under India Custody under Hindu Law the following are the basic guidelines for appointing custody of children:
• Minor child, under the age of 5, are committed to the custody of mother.
• Older boys to father and older girls to mother, however there is no hard and fast rule and the paramount factor in decision is welfare of the child.
• The choice of child is considered, above the age of 9 and is only held if it complies with the fulfilment of the welfare requirements of child.
• A mother who is proven to neglect the child in his/her infancy is not handed with the child custody.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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