Wife ready to give mutual divorce but not giving child custody

887 votes

DEAR SIR,This is a secular law for appointment and declaration of guardians and allied matters, irrespective of caste, community or religion, though in certain matters, the court will give consideration to the personal law of the parties. The provisions of the HMGA (and other personal laws) and the GWA are complementary and not in derogation to each other, and the courts are obliged to read them together in a harmonious way. In determining the question of custody and guardianship, the paramount consideration is the welfare of the minor. The word `welfare' has to be taken in its widest sense, and must include the child's, moral as well as physical well-being, and also have regard to the ties of affection.''
The English and Indian decisions are replete with such statements that : (i) the children of tender years should be committed to the custody of the mother, (ii) older boys should be in the custody of the father, and (iii) older girls in the custody of the mother. But these are judicial statements of general nature and there is no hard. and fast rule. As to the children of tender years it is now a firmly established practice that mother. should have their custody since father cannot provide that maternal affection which are essential for their proper growth. It is also now ac for proper psychological development of children of tender years ma is indispensable.'

The Hindu Minority and Guardianship Act, 1956 contains a provision which lays down that custody of a child upon the age of five should ordinarily be with the mother. Under other personal laws, though it is no such statutory provision, the Indian courts have consistently taken view
Under hindu minority and guradianship law says that

Advocate Manindra Pandey LawRato

751 votes

Dear client, I can understand your feelings, but this is the time to remain very calm and quiet, just think how these why these issues started,when both of you have a sweet child and both of you are loving him,then there are till yet 20 percent chances you both will come together once again.As per humanity and child psychology point of view when children are dependent on mother their possession is given to mother but that's not the rule.in your case as mother being a doctor and in busy schedule you can claim for possession as you can give him good time and best servings.As you both are in the stage of divorce, if you remarry can next wife love him,Police have no any right to take action against you, as section 498A is quite restricted for police. If you require any help do not hesitate to contact.

Advocate Vijay Kalu Wani LawRato