What is the procedure for giving child's custody to wife?

The court had given the child custody in my favor and the child is in my custody but I want the custody to be in wife's favor now. My wife has taken the child with her now. What is the procedure and how much time / hearing does it take?

Answers (1)

158 votes

First of all, we have to examine the order, wherein we will have to examine the grounds on which Court awarded you the custody of child.

Further, Court has all power to appoint and remove the guardian. The Court can remove an guardian under Section 39 of The  Guardians and Wards Act, 1890. Section 39 is reproduced here under for your better understanding:

39. Removal of guardian.-

The court may, on the application of any person interested, or of its own motion, remove a guardian appointed or declared by the Court, or a guardian appointed by will or other instrument, for any of the following causes, namely :- For abuse of his trust for continued failure to perform the duties of his trust, for incapacity to perform the duties of his trust, for ill-treatment, or neglect to take proper care, of his ward, for contumacious disregard of any provision of this Act or of any order of the Court, for conviction of an offence implying, in the opinion of the Court, a defect of character which unfits him to be the guardian of his ward.

For having an interest adverse to the faithful performance of his duties.

For ceasing to reside within the local limits of the jurisdiction of the Court.

In the case of a guardian of the property, for bankruptcy or insolvency. By reason of the guardianship of the guardian ceasing, or being liable to cease, under the law to which the minor is subject.

Provided that a guardian appoint by will or other instrument, whether he has been declared under this Act, or not, shall not be removed- For the cause mentioned in clause (g) unless the adverse interest accrued after the death of the person who appointed him, or it is shown that person made and maintained the appointment In ignorance of the existence of the adverse interest, or for the cause mentioned in clause (h) unless such guardian has taken up such a residence as, in the opinion of the Court, renders it impracticable for him to discharge the functions of guardian.

In view of aforesaid, an application may be filed by you or your wife therein specify the ground on you wish to cease custody of your child. The Court after considering the paramount interest /welfare of child may pass order.

It will difficult to state the exact time, but it might take 6 months to 1 years for complete procedure.

Kindly contact us for any further details and action.

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