LawRato

Wife filed false cases want custody of child who is completing 7 years


In Child Custody Law
I want my son custody as he will be completing 7 years this may 10 2016 i have files RCR & G&WC in family court after a pity quarrel with my wife on 28th Dec 2015. Instead my wife responded filing 498A,506 3&4, DP Act iam on bail now while the magistrate in his order sheet have mentioned that Crpc 41 & 41 A was not followed by the Police office who arrested me. Now i have no intention of bringing back my wife and live a normal life my parents and myself are very much depressed and many times i feel to end my life but living with the hope of my son please help me how to come of it.

Answers (1)


405 votes
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 sec­tion, 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 de­ceased 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.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato

Popular Child Custody Lawyers


Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
35 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
21 years Experience
Advocate Rajeev Nigam
Kanpur Nagar, Kanpur
28 years Experience
Advocate H Gouri Shankar
Banjara Hills, Hyderabad
26 years Experience

Report abuse?

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 Child Custody Lawyers at lawrato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at lawrato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions


"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."



Related Articles