How can I get the custody of my children and maintenance

977 votes

Respected Sir/ Madam,
Answer is as follow:
Child custody is a term used in family law courts to define legal guardianship of a child under the age of 18. . Family law courts generally base decisions on the best interests of the child or children. The Hon'ble courts tend to award physical child custody to the parent who demonstrates the most financial security, adequate parenting skills and the least disruption for the child. custody means that either parent can make decisions which affect the welfare of the child, such as medical treatments, religious practices and insurance claims and so on which are the best for child.
There are two act : the Hindu Minority and Guardianship Act 1956 (HMGA) And Guardians and Wards Act 1890 (GWA). The provisions of the HMGA and the GWA are complementary and not in derogation to each other, and the courts are obliged to read them together.
There are few concept which is kept in mind at the time of decision : (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. 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 pertinent to mention herein 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.
Now here is one thing that you are entitle to get maintenance but as per latest judgement of Delhi High Court You will have to file affidavit in which you have to give all information regarding income and other fields as per prescribed per forma issued by Hon'ble Delhi High Court .

Advocate Manish Kumar LawRato

814 votes

Hello, you have to file petition for maintenance from your husband. The maintenance will be awarded to you and your children. In addition, you have to file one more petition for custody of children, you will definitely get custody. There are many judements on this ground. It's in your benefit. Take care.

Advocate Ganesh Chandra Pandey LawRato

543 votes

You can certainly get the custody of your children...you can also file a domestic violence case against your husband and can claim maintenance for yourself if not working and for both the children for further you can contact us

Advocate I.A. Alvi LawRato