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Q.My income is lesser than my wife

Q. My income is lesser than my wife

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Anonymous

posted 7 months ago

Dear Sir,
My income is Rs. 8,000 pm and my wife income is Rs. 55,000 pm. I am filing the custody case of my children or child who is presently living with my wife separately from me.
Do i have any chances to get the custody of even 1 child?
Daughter is of 15 years and Son is of 9 Years
Please suggest the way or expected result of the case.

Showing 6 of 6 Responses

A. The decision of the court depends on the wellness of the child but preferably, the custody of child upto 5 yrs is given to mother there after it can be given to father on the above said principle. For details, pl. contact some family advocate through vidhikarya.com


Rajender Prasad

Rajender Prasad

Experience: 5 Year(s)

Responded 1 month ago

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A. Dear Sir,
The age of both of your children is above 5 and thus there is no binding thing that the custody will go only to the mother. Without a matter of doubt the court looks in to the economical position of the parent before awarding guardinaship but it is not "The deciding factor" only. There are other factors and attributes which the court takes in to consideration. You may be waek in one factor, but that is not only the deciding factor.
Since, your children are above 8 years of age, their view point will also be taken in to consideration.

Vedant Lakhotia

Experience: 3 Year(s)

Responded 7 months ago

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Anonymous

Replied 7 months ago

Thanks a lot sir. But my wife already made my children negative for me as since last 2years I haven't seen my children. If I message them on my wife's phone on what'sapp she filed complaint with police officials.

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A. You will no be able to justify (morally & economically) custody of your child.

PURSHOTTAM LILARAM KHANCHANDANI

Experience: 8 Year(s)

Responded 7 months ago

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Anonymous

Replied 7 months ago

Thanks sir

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A. hi

Whether your children are interested to live with u. If not then there are no chances. Even in court you vcan not succeed as you are not earring handsome amount to look after your children.


Prithvi Raj Sikka
LAW JURIS
Delhi

Prithvi Raj sikka

Experience: 39 Year(s)

Responded 7 months ago

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Anonymous

Replied 7 months ago

Thanks sir

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A. what is the opinion of your son or your daughter? Better you consult any Vidhikarya lawyers for more details.

Ashish Dongre

Experience: 12 Year(s)

Responded 7 months ago

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Anonymous

Replied 7 months ago

Thanks sir

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A. Landmark Judgement pronounced by SC dealing with guardianship & custodial and visitation rights to parents and children stuck in matrimonial disputes

In a remarkable judgment dealing with interim custody of child suffering in parent’s matrimonial disputes, visitation rights and guardianship, a 2 judge bench of Supreme Court laid down various propositions of law while awarding the interim custody till final disposal by the trial court to the mother. The bench speaking through Justice Vikramjit Sen, lays down very sharp observations and examines various definitions of a ‘guardian’, ‘visitation rights’ and tests the issue from the angle of provisions of Hindu Minority & Guardianship Act, 1956 and Guardian & Wards Act, 1890.In a custody battle between estranged parents, a minor child, who has not completed five years of age, shall be allowed to remain with the mother, the Supreme Court has ruled saying that in such cases child should not treated as a "chattel". The court said that under Hindu Minority and Guardianship (HMG) Act, a father can be guardian of the property of the minor child but not the guardian of his person if the child is less than five years old.
The Court said that there can be no cavil that when a Court is confronted by conflicting claims of custody there are no rights of the parents which have to be enforced; the child is not a chattel or a ball that is bounced to and fro the parents. It is only the child's welfare which is the focal point for consideration. Parliament rightly thinks that the custody of a child less than five years of age should ordinarily be with the mother and this expectation can be deviated from only for strong reasons.
http://www.hrln.org/hrln/child-rights/pils-a-cases/1685-landmark-judgment-pronounced-by-sc-dealing-with-guardianship-a-custodial-and-visitation-rights-to-parents-and-children-stuck-in-matrimonial-disputes.html

Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 7 months ago

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Anonymous

Replied 7 months ago

Thank you sir

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