icon Divorce - My girl Child aged 11 years is staying with her mother

My girl Child aged 11 years is staying with her mother. I stay separate. Can the mother initiate Posco case against me? She wants a divorce and wants to get remarried. I do not want a divorce for the

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3 months ago


A. Dear Client,

Your wife can initiate a case of POSCO against you and India has a high number of cases of fake POSCO Proceedings, but the possibility of it depends on the mentality of your wife and her approach. However, even if she initiates the case establishing the crime under POSCO when you are innocent will be a very difficult task.

You have mentioned that your girl child is 11 years old, in deciding matters related to custody of a child above the age of 9. The child's interest is of great ...ReadMore

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icon Biological Father's Rights

My ex-partner and i have a child, aged below 5 years. We are not married, and the child lives with her. My name is on the child's birth certificate as the father. Can i, as the father, claim Joint Cus


A. Dear Client
With live-in relationships getting legally recognized you and your partner should be considered equivalent to married couples and hence you shall get all the rights in the child as a father would have. Its a different matter that to exercise those rights you might have to knock the door of the courts.

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icon birth date - is it possible to change

is it possible to change birth date in municipal birth registration office. And can we file RTI to get birth detail in birth registar to birth registar i want this birth details in court.


A. Dear Client
Since date of birth is a private information hence the municipality may not oblige you under the RTI Act. The best way will be to get it through a court order. Changing of birth date is possible but then you have to provide cogent reasons for doing so.

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icon Guardian ship -adopted child me as a guardian

Cousin siter died, leaving adopted child me as a guardian in her registered will. Unable to open bank account as she minor.


A. Dear Client,

You can declare yourself as the legal guardian or the child or adopt the child legally.
Then you should be able to open joint account in both of yours name.

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icon My wife is not letting me meet my child.

What can I do to get access of my child as a father? My wife is not letting me meet my son who is 7 years old now. My wife ran away from Singapore with my child without my information while I was away


A. Dear Sir,
You have to file child visitation rights or raise the issue with state child commission office.

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icon Visitation rights of grandparents

Parents of a boy, who is just turning 5 of age, gets a mutual divorce and the court gives the custody of the child to the mother. The court also grants the parental grandparents rights to visit the ch


A. Hello,
No. If you gain consent from the other parent to your move then it is not necessary to go to court. You could consider making the permission legally binding, just in case your ex withdraws their consent at a later date. Which can be done by lodging an agreed Consent Order with the Court.

If you don’t obtain consent, or your ex-partner objects to your move, you can consider collaborative options such as mediation. By working with a mediator you may be able to come up with an acceptable ...ReadMore

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icon Visitation Rights and Child Custody

My husband and in-laws are cunningly keeping my daughter away from me by making excuses on her studies. Is there any way I could get a visitation order from court?


A. Dear Client,

The conduct of your husband and in-laws is totally against the law, they cannot deny her custody and your visitation rights on baseless grounds, since you are the natural guardian of your child. You should file a case for her custody in the court and also ask for visitation rights.

Thank you

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icon If I take away my child without telling my wife then will it be a criminal case.

My wife has taken away the child with her father and soon my son's age will be 9 years I am not able to meet my son for the last 2.5 years. As i was living in a different state due to my service I fil


A. Dear client,
According to section 361 IPC, there is an exception for a father who believes that he is the rightful parent of a child. But, thereafter, we must follow the procedure provided by law. So, file a custody petition in the court of competent jurisdiction to avoid any issues in the future.
Thank you

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icon Child custody and visitation rights

After divorce, I was allowed to see my child who is now 12 years old male on every month at a particular day. Since the COVID began she is not producing the child and is almost 2 years now with no in


A. Dear client,
You can file an FIR on the missing of the child and your wife. You can record a Writ of Habeas Corpus in the High Court or the Supreme Court for the return of authority by a parent on the quality of a remote Court arrange or infringing upon parental rights.
Thank You

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icon Child custody -My son's wife went to parental house

My son's wife went to parental house without noticing anyone in our family with out 11 months old heir. There is no conflict also. Now she is insisting to come back and also threating my son abour the


A. Dear Client,
Ask your son to file a case of restitution of conjugal rights in the local civil court and thus seek an order from the Ld. Court to get her back to the matrimonial house along with the the kid. Just seeking custody of the child will not be possible as till 5 years of age mother is the natural guardian.

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Vaidehi  Samant

Vaidehi Samant