Initially spouse denied to take the responsibility of child and ask for alimony instead. She signed first motion of petition filled under mutual divorce and came in for first hearing and take first instalment of alimony. It was mentioned in petition that child will be staying with father. She was involved in adulterous relationship which I somehow manage on records. I have call recording where she was denying the child custody even after asking by her own mother, she refused to take the child with her and ran away from her own house to live with boyfriend. She refused to come on second motion petition of mutual divorce without giving any reason. We filled a constant on ground of adultery and it been 2 years since she left the house and child is living with us. The case is still going on as she deliberately delay the procedure by using trick and demand child custody. She just want money so she is putting pressure on me by demanding child custody. What are the legal option for me and will court allow to such woman to take the child?
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Hello,
Custody of the child depends on his/ her welfare. The SC has time and again reiterated that welfare of the child is of paramount importance.
In the facts as told by you I do not think that custody of the child will be given to her. Do not worry.
Regards
See in case child is.living with you from past 2 years there are such cases where child custody will not given to her child won't be removed from his habitual.environment.
Further all this is already on record and it shall not in welfare of child to grant her custody so the case can be pleaded and the custody shall not be granted to her.
In child cases theost important thing is welfare since child is now living happily with father dependent emotionally ans financially on him then though his age is below five then also mother shall not be given custody.
The Hindu Minority and Guardianship Act postulates that the custody of an infant or a tender aged child should be given to his/her mother unless the father discloses cogent reasons that are indicative of and presage the livelihood of the welfare and interest of the child being undermined or jeopardized if the custody is retained by the mother.
In the present case, if you can prove to the court that welfare of the child would be at stake, if the custody of the child was given to her. Your best would be her adulterous relations as well as the fact that the child is staying with you for the past two years and court wouldn't normally change the living situation of a child.
All the best.
Regards.
1) You can prove in the court that mother is the best natural care taker of her own child when the child is below 5 years old.
2) there are so many citation case where child custody is kept with mother.
3) you can book her for adultery case and get divorce from her.
1) court would not allow wife child custody if she ran away from her house to live with her boy friend
2) further for last 2 years child has been staying with you only
3) court would grant her visitation rights for child
4) wife guilty of adultery is not entitled to any maintenance
Thanks, I have doubt about the visiting right. When she left him, he was barely 1.5 years old and he will even not recognised her. So as he is growing up, he will develop his senses and in future certain point of time will ask about the relation, like why we are meeting this woman, who is she. If he come know about the fact, it will definitely impact him in all the way. It may harm him mentally which may effect his studies. Will court considered above facts and will denied her visiting right immediately or after 5 years.
Yes definitely the court is going to take this fact into consideration. Though section 6 stipulates that custody of a child below 5 years shall be with mother but exception to the same remains the welfare of the child
Welfare of child is paramount consideration
2) court would grant mother visitation rights
See court can appreciate the fact that child has not seen his mother from time and don't recognise further nature of mother can impact child. As far as visiting rights are concerned court may or may not grant looking at complete facts and circumstances and pleadings from her side. Age is less considered in visiting rights comfort and well being of child is, As you wont travel with child to take her to meet child she has to come on some fixed place. But seeing relation between you and nature of your wife court may deny them.
Hi, Normally, the custody of the Child below 5 years will be given to mother only. but in your case the facts and circumstances are different. So court may grant visitation right to your wife, it can't be avoided.
As far as her obtaining the custody of the child is considered, the same is extremely bleak but no Courts are going to refuse her visitation rights to her child. There are a plethora of judgements to that effect, unless of course you are able to establish that there is liable to be any physical or bodily damage to the child or such other sensitive issues if the mother is granted access. Since you are aware that the mother is pursuing child custody/ visitation only as a means to harass and coerce you, why dont you try being open about the same? Since she anyways has no interest Court.
You collect the evidences of her adulterous life and the related activities.
With the evidence about her adulterous life, you can strongly object and fight her child custody case stating that the child's future will be affected if allowed to live with a character of immoral values.
You may even lodge a criminal complaint agaisnt her paramour for the offence of adultery
Will court considered above facts and will denied her visiting right immediately or after 5 years.
The court has to be convinced about the facts and the child's welfare which is paramount.
Her adulterous life which proved before court, shall be a big blow to to her own case seeking child custody or even visitation rights.
Courts wouldn't normally consider such pleas to deny visitation rights of the mother.
On the flip side, the court can award more time with the child, so that they build a rapport.
Choose your steps wisely.
Regards.