• Child custody

I am divorced under section 13B Mutual Divorce since Dec 2009. divorce was granted by mumbai family court. the child custody was given to my ex wife then. my son is 12 yrs old now. the child is presently staying in pune with grandparents. wife is working in mumbai. she has not allowed me to meet my son for last one year despite my having visitation rights. can I file a case in same family court which granted us divorce, to seek custody of child. will hindu marriage act 1956, section 26, custody of children be relevant to file the case. kindly help.
Asked 7 years ago in Family Law
Religion: Hindu

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6 Answers

1. yes,in the same family court and in th same case you can file case to visiting the child if there is such terms.

2.if the mutual divorce petition is silent on visiting the child then you can file fresh casein Pune court.

3. The welfare of the child alone is the determining factor in custody cases and emre agreement between the aprties is of no consideration in this.

4.Do come with proofs to show that the future of the child is at stake due to absence of mother and negligence of his grand parents.

You have a good case.

Devajyoti Barman
Advocate, Kolkata
22816 Answers
488 Consultations

5.0 on 5.0

you can file a petition under guardians and wards act, for custody of your child. you should mention in the petition that your wife is deliberately refusing to meet your son even having visitation right.

custody of child is provided when court finds that welfare of the child vests in father or mother. if it vests in father then father may get custody. you should adduce evidence before the court that mother is living in mumbai and she cannot take proper care of child. you have sound financial status and also have love and affection with your son. you can bear all the expenses incurred in his education etc...

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

mother is not living with son and mother is deliberately refusing to meet your son even having visitation right are strong evidence. it may give you custody of your son.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

First check the consent terms signed by the parties in mutual divorce petition and it would be binding on both parties. No one can violate the terms in the decree.

Even though the orders of child custody are flexible and can be modified according to the welfare of child.File a case before the district judge under G&W Act for custody of child under the change of circumstances.under guardianship act, interest of the child is the paramount consideration and age of the the child is immaterial when certain circumstances exist to take right decision towards proper care of the child. You can file the petition before the family court in jurisdiction of the child is residing now.

jurisdiction of the Court to entertain a claim for grant of custody of a minor.

If the application is with respect to the guardianship of the person of the minor, it shall be made to the District Court having Jurisdiction in the place where the minor ordinarily resides."

Ajay N S
Advocate, Ernakulam
4072 Answers
111 Consultations

5.0 on 5.0

Take out contempt of court proceedings against wife in high court for her refusal to permit you to meet the child

2) you would not get child custody as under consent terms filed in family court wife is granted child custody

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

If the child custody was drawn in the decree of the mutual consent divorce decree, then you may have less chances to get it cancelled.

However you may give a try by mentioning that she has denied your visitation rights hence you need the custody of the child

Your pleadings should be supported by some witnesses or evidences.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

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