Custody, Divorce & SSY Guardian Change – Urgent Legal Review

927 votes

You can pursue permanent custody, guardianship changes, and a divorce decree based on the circumstances described, as Indian law allows these actions, prioritizing the children's welfare. Appearing as a party-in-person is permissible in civil and family courts, but legal expertise is strongly advised due to procedural complexities. Legal Grounds for Divorce and Custody Custody and Guardianship: The primary consideration for any court decision regarding children is their paramount welfare. As the sole caregiver due to the mother's abandonment, you have strong grounds to seek permanent physical and legal custody under the Guardians and Wards Act, 1890, and personal laws (e.g., Hindu Minority and Guardianship Act, 1956, if applicable). You can apply for a change of guardian for the children's SSY accounts through the court process, as the court has the power to appoint a guardian of a minor's property. Divorce on Grounds of Cruelty/Neglect: Your wife's wilful abandonment of the family without reasonable cause for over two years constitutes desertion, a valid ground for divorce under various personal laws (e.g., Section 13(1)(ib) of the Hindu Marriage Act, 1955). The long-term absence and lack of support also fall under the broad scope of cruelty and neglect.

Advocate Dhruv. K LawRato

687 votes

Dear Sir, Since the mother has abandoned the children since June 2023 and there has been no contact or support, this amounts to clear neglect and desertion. Under the Guardians & Wards Act (G&W Act) and Hindu Minority & Guardianship Act, the courts primarily consider the welfare of the child. As the sole caregiver, you can file a Guardianship Petition seeking permanent custody and an order appointing you as the legal guardian for all educational, medical, financial, and SSY-related matters.

Advocate Kishan Dutt Kalaskar LawRato

591 votes

File a G&WC petition, you can get an exparte judgement , if your wife is not interested in your children , it’s the best way to be a primary guardian of your children . A Guardians and Wards (G&WC) Petition, filed under the Guardians and Wards Act, 1890, is the legal avenue to seek appointment as the primary or sole guardian of a minor. If one parent is indifferent or neglecting the child's welfare, the other can approach the District Court or Family Court to formalize their status as the primary custodian.

Advocate Hadi Febin LawRato