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Custody of children when parents are not living together and not divor
06-Feb-2023 (In Family Law)
Hello,
Am a Hindu woman from Bangalore and have been married for 11+ years with two daughters, 7 years and 4 years old respectively. Husband and myself are not in good terms and have conflicts from long time (since 2016), now leading to separation from the apartment we stayed together for 1.5 years. Currently myself and kids are living at my mom's home from December 2018 while husband is living in his parent's house. Now kids are going to school and husband wants to pick elder kid from school without any intimation to me nor my parents by sending message to the school. I have communicated to the school and to husband that he can come to my mom's place to meet kids but he cannot pick kid/kids from school as kids are with me and we (me and my parents) have been sending them to school and receiving them at my mom's home since December 2018. I do not want to go for divorce and in this situation, how to handle kids custody without affecting kids' well being? Please advice.
as you do not want to go for divorce you can go for judicial separation, and in that you can file a application under section 26 stating that the custody of children is with you, and the husband is likely to forceably take your kids without your consent and to grant injunction order restraining him from taking the child or to fix his visiting in your home if at all he is interested in meeting your child, but file the petition if he is very likely to take the kids.
Helpful?
Adv. Bharat Narasgouda
Belgaum | 500+ Answers
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Hi.. without filing divorce also you can seek for child custody. You can file petition for child custody or can file case for g and we by that you can seek custody of child . if there is any mutual understanding between you and your husband then no issues or you have to go through court only.
Thank you
Thank you
Helpful?
Adv. Rama Chandra Shenoy
Bangalore | 400+ Answers
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Dear Madam,
File child custody case and Court will decide. Further you may try the following authority for resolving necessary and immediate child custody issues.
=======================================================================
CHILD RIGHTS COMMISSION ACT
http://www.kscpcr.com/eng_ver/actsandrules.php
The Karnataka State Commission for Protection of Child Rights (KSCPCR)
4TH FLOOR, KRISHI BHAVAN, RANI CHENAMMA CIRCLE
NRUPATHUNGA ROAD, BANGALORE-
Such Commissions are situated in Every State
.==============
Bombay High Court
Forum For Fairness In Education An ... vs Union Of India And 2 Ors on 2 May,
Bench: A.S. Oka
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION NO. 84 OF 2013
Forum for Fairness in Education An NGO,
Vs
Union of India and Others. .. Respondents
-
5 Before we deal with the constitution of a State Commission, it will be necessary to make a reference to the functions and powers of the State Commission. Section 24 provides that the provisions of Sub-section (1) of Sections 13 and Sections 14 and 15 which are applicable to the National Commission are also applicable to a State Commission. Sub-section (1) of Section 13 of the said Act reads thus:
File child custody case and Court will decide. Further you may try the following authority for resolving necessary and immediate child custody issues.
=======================================================================
CHILD RIGHTS COMMISSION ACT
http://www.kscpcr.com/eng_ver/actsandrules.php
The Karnataka State Commission for Protection of Child Rights (KSCPCR)
4TH FLOOR, KRISHI BHAVAN, RANI CHENAMMA CIRCLE
NRUPATHUNGA ROAD, BANGALORE-
Such Commissions are situated in Every State
.==============
Bombay High Court
Forum For Fairness In Education An ... vs Union Of India And 2 Ors on 2 May,
Bench: A.S. Oka
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION NO. 84 OF 2013
Forum for Fairness in Education An NGO,
Vs
Union of India and Others. .. Respondents
-
5 Before we deal with the constitution of a State Commission, it will be necessary to make a reference to the functions and powers of the State Commission. Section 24 provides that the provisions of Sub-section (1) of Sections 13 and Sections 14 and 15 which are applicable to the National Commission are also applicable to a State Commission. Sub-section (1) of Section 13 of the said Act reads thus:
Helpful?
Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
Chat
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