1) You can file custody for both children in your city Jamshedpur. However in most of the case girl child custody is kept with mother till the age of 18 years as she is the naturally best care taker. You may get custody of son as he is not minor.
The sole or paramount consideration in child custody decisions is welfare of child, so first drive out all those thoughts in your mind that “mother is always best for child”. That can make for some good Hindi movie dialogues, but in courts that thought process won’t be of much benefit to a father.
If you want to prove that wife/mother is quite incapable or is neglecting the child, which is rarer, then you may decide to ask for full custody of child. Here you will have to make some statements showing wife’s neglect etc, and how you can take better care of child. Since most men have full time work/professional responsibilities, you should mention some points about how the child will be cared for when you are at work.
Since proving neglect by mother is usually difficult, you may want to instead take the approach where you can ask for shared custody/guardianship where you can ask for 50:50 time, which is quite feasible if everyone lives in same city. Or if child lives in another city with mother as of now, then you can instead ask for custody of child during summer vacation, other school holidays, free access whenever you visit child’s city, access over phone/internet and such practical and feasible means of keeping in touch.
2) You have to file child custody case under
The custody of a Hindu child is governed by the Guardian and Wards Act, 1890 read with the Hindu Minority and Guardianship Act, 1956. Jains, Buddhists and the Sikhs are also included under the definition of a Hindu.
a) As per the Hindu Minority and Guardianship Act, 1956 the Hindu child below the age of 5 years shall be kept under the custody of the mother as till this age it is only the mother who can give proper emotional, moral as well as physical support to the child.
b) The custody of a boy or an unmarried girl below the age of 18 years and above the age of 5 years shall be given to the father of the child as he is considered to be the natural guardian and only after his death the custody shall be given to the mother.
3) Yes you have to personal attend the case for child custody.
4) How long time its take. The answer is its depends upon court proceedings and how many cases are pending before your case number.
5) Yes you have another remedy than child custody, make compromise with wife for children and live happily married life.