• 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 2 years ago in Family Law from Bangalore, Karnataka
Religion: Hindu
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.
Kiran N. Murthy
Advocate, Bangalore
766 Answers
51 Consultations
5.0 on 5.0
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.
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
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.
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23380 Answers
1227 Consultations
5.0 on 5.0
yes, there is chance  file an interim application with the custody petition u/s 25 read with section 12 of guardian & Wards act.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18246 Answers
450 Consultations
5.0 on 5.0
u should file petition under guardian & wards act if she does not come to court u will get the custody
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23380 Answers
1227 Consultations
5.0 on 5.0
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.
Fateh Chand Sharma
Advocate, Noida
86 Answers
1 Consultations
4.7 on 5.0
we have already advised you . it is your call now . take your lawyers advise
Ajay Sethi
Advocate, Mumbai
23380 Answers
1227 Consultations
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it is good for you that she is not responding to court summons,in this case an exparte decree will be passed
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
The court will decide the duration of visitation rights to be granted to you or your wife. Contact a lawyer now.
Ashish Davessar
Advocate, Jaipur
18246 Answers
450 Consultations
5.0 on 5.0
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.
Nagalakshmi S.
Advocate, Bangalore
16 Answers
22 Consultations
4.8 on 5.0

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