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How is custody of child decision done in DV section 21?
24-Jun-2023 (In Divorce Law)
My Childerns are with me last 7 months and my wife has filed DV against me ? She is extremely cruel in nature and kids are very scared of her.
She has been after their custody 10 years and 6 years old boys.
I stay with them at rental accommodation and earn decent salary , My wife has left job recently and is claiming both of them
How is child custody dealt in DV Case ?
Do JMFC look at
1) wishes of child ,
2) Character nature of mother ,
3) she also has extramarital affair and i have proofs
4) She is financially very weak
5) Kids clearly express they don't want to stay with her
Since its summary proceedings and inclined towards women does child custody have any fairness or it is one sided
no if the children express their views before the court and the welfare of the children is the prime factor to be considered by the court and according to which the court decide the custody moreover extra marital affair doesnt effect the custody to the mother
Helpful?
Adv. Brahmanand Dube
Navi Mumbai | 400+ Answers
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If there is already a case in the court then you should bring out the facts of cruelty of the mother before the court by way of an affidavit and bring the same on record it may so happen that your children may be called for their say in the whole situation and whether they wish to stay with father or mother
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Adv. Garima Anil Mehrotra
Mumbai | 700+ Answers
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there are several judgements of supreme court relating to children's custody it says that for custody of children's court must see the ability of spouse who can give mental economical educational facilities two childrens also court seal the interest of children's and willingness of children's and if you having the proof of your wife extramarital affair then its source to court that she is not good to maintain your children's this is enough to keep children's position in your side then also for detailed and correct suggestion I need to go out some necessary documents.
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Adv. Irfan S Patel
Kolhapur | 100+ Answers
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