Why have you applied for divorce, kindly let me know.
Next is your wife employed, or is she dependent on you for maintenance.
If so, then you can seek custody of your children on this ground alone.
Child custody
Hi Sir, I have already applied for Divorce case and now i planning to apply for child custody we have two childrens and one is girl baby and other is boy baby. whether it is possible for to get custody at list for one. i spoken with wife regarding for the custody of child as i am going to court, but she told that she will not come to court or give childrens to you. That how can i get the child custody. Almost me and childrens were seperated from 1 and half years.
Asked 10 years ago in Family Law
Religion: Hindu
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13 Answers
She is not employed. she is in her parents from 1 and half years. she just went to her parents house to visit them and again she have not came to my house. each time she goes to her parents she will come back. when she comes to my house hardly she will stay for 3 months only and not come again and many she black main me like she will do suicide. So that i applied for Divorce. and she not attaining court for summons from 8 months. Now i asked for the children's she not ready to give therefore i am planning to apply for child custody case. if even for this case she not attain the court for summons. then how i can get the child custody.
Asked 10 years ago
How old are the kids? If she is not working then how she's raising the kids? Are you giving her maintenance? You can file for child custody but child below 5 years can not be taken away from mother under normal circumstances. You may not get the girl child unless proved that she herself wants to go with you or it is for the well being of the child. If your wife does not attend court, the court might pass an ex-parte order in her absence in your favour, which she might challenge in higher court.
For girl baby 2 and half years & boy baby 6 months. They family members supporting for her. i already asked for kids she not ready to give. for my daughter she not recognizing me as a father and she not coming to me. i need to my daughter is their any chances to get my daughter for the custody. If i applied for custody of child then the court will allow me to keep my child with me for 1 or 2 months. since all most i have missing my daughter from 1 and half year. whether there is chance for me to keep 1 or 2 months of my girl baby.
Asked 10 years ago
have you filed divorce on mutual ground or are you contesting divorce.If applied for mutual then issue related with the child custody will be mutually agreed between you and your wife which will according to the MOU signed between you and your wife.if you contesting divorce in that case you will have to contest for child custody normally childern up to the age of 5 years is given to the mother,the Paramount consideration before the court is welfare of child.If you can prove that you can provide better welfare than the mother in that case you can get it.
if in spite of service of summons your wife is not appearing in court case will be heard exparte . you will get divorce even if your wife dosent appear .
as far as issue of children custody is concerned both your children are young and have been with your wife only . court would be reluctant to grant you custody but you will get visitation rights . welfare of children is paramount consideration
yes, there is chance file an interim application with the custody petition u/s 25 read with section 12 of guardian & Wards act.
If your wife is not employed then you are far better placed than her to get the custody of both your children. Once the court issues to her a notice of the filing of child custody case by you she shall have to appear to rebut your case. If she does not appear then the court will rule in your favour, whereafter your children can be restored to your custody with the assistance of police.
u should file petition under guardian & wards act if she does not come to court u will get the custody
if there is any chance whether i can take entire custody of one child and she can another child. since my daughter is not coming to me when i go they and attached with my family member. like that she growing the daughter. if i applied for the child custody in the initial stage court can give custody of child for 1 or 2 months. because my child as to recognize me as a father. if i have get one child custody to me on what ground i have apply case. and i have not any maintenance for child and wife from 1 and half years. since she is not asked me nothing. If she argue as i have not asked any maintenance from my husband and i will give the child to you. then she can keep this as evidence and argue as i can not give child as i am not taking care of the children's. Because when i applied divorce case my lawyer guide don't keep any touch with your wife and children. until you get divorce. So please guide how to handle the child custody.
Asked 10 years ago
she is stayed with her parents and brothers. her brother all are working they taking care of her and my children's.
Asked 10 years ago
you will get visitation rights but since children are v young chances of you getting custody are weak . court would not like to split the children between parents
You may file petition under Guardians and Wards Act for custody of children but chances of getting their custody are not there as the welfare is the sole criteria of granting custody of minors. In your case the first beeing girld and second being just 3 months old, you may custody.
Visitation rights how long i will get only for 1 or 2 hours. since i stayed far 300KM from my wife place. i can't go each week. At-least court provide custody of child for one weeks in a month. because my child is not connected with me from 1 and half years.
Asked 10 years ago
we have already advised you . it is your call now . take your lawyers advise
it is good for you that she is not responding to court summons,in this case an exparte decree will be passed
The court will decide the duration of visitation rights to be granted to you or your wife. Contact a lawyer now.
you can apply for child custody U/s. 7, 9 & 17 of Guardian and wards Act. As your wife is unemployed as she is not having any source to take care of the children. you can surely ask for Custody. As the children are young the mother is the better guardian. but you can ask for visitation right on weekends public holiday in your petition in Sec 12 of the Act.
