My wife has applied for divorce. During the divorce can I ask for joint custody. Mediation is completed and we have given objection on last hearing. My child is 6 years boy. Can I ask for joint custody in divorce petition itself or should I apply for seperate petition for custody. She has asked for interm maintainence. There is no 498a case or any other criminal case she has filed against me till now. There was no domestic violance or dowry harrasment from my side, neither she has any proof for that. Infact I have been paying monthly expences on time to her account. I want to know at what stage and when should I apply for joint custody. She has asked in court for temporary custody, but court has still not granted yet. We will be giving objection for that as well. She has asked for interm maintanence, temporary custody and a restraining order for me not to enter matrimonial house.
1. various factors are considered while deciding custody petition like financial status, the welfare of the child, will/consent of the child, educational status, living standard, place, extra amenities, etc
The most important factor is the BEST INTEREST OF THE CHILD.
The earning capacity of the parent does not determine custody, but the capacity to provide a safe and secure environment does.
2. a separate suit for the custody should be filed
You can ask for full custody as per GW act. still if you feel that you need joint custody than its ok for it . you can ask for it.
You can in divorce petition filed by wife make application for joint custody of your child
2) she is entitled to interim maintenance and alimony in event of divorce
It will be good to apply for the custody not joint custody along with the yours as your contiguous is already pending mediation so it is better to apply for the custody after child and let her contest and file objection at this point of time in case you apply for the join study the child which is in her custody builder main there and you will get visitation right only so far as the maintenance is concerned you have the responsibility to maintain the child and wife in case your wife is not sufficiently earning for maintenance
1. yes, during the pendency of the suit for divorce, in the very same suit you can seek visitation of the child which include keeping the child for temporary time as well.
2. However if you want to get his permanent custody then you will have to file separate suit under Guardian and Wards Act.
3. Unless and until both parties on terms of joint custody in a proceeding for mutual divorce the court can not unilaterally pass such decree.
4 Youa re liable for maintenance of the child as well as for your wife if she is unemployed.
In my opinion, if she agrees for mutual consent divorce then you can enter into an agreement for joint custody or any other mode of custody of your child.
If not the you may better file a child custody case separately in which you can ask for full custody of the child.
You can file the same but it should be mind it, Court may allow your submission if you success to prove some essential requirement, like for better education, care, caution, status, your Income etc.
You should file a separate application for custody of the child. She may be served notice and may agree to a joint custody.
Don't file for joint custody now. If the court refuses to grant you custody then file for joint custody.
You can ask for joint custody, it will benefit the child to stay with both the parents.
Immediately you can file the application for custody.
Contest the other cases filed by her.
1. File separate petition for custody seeking joint custody of the child.
2. You can apply for same now pending the divorce.
3. In rely to her petition for maintenance you can produce the monthly expense bills and details
1. You can make interim application at any stage for joint custody of your child.
2. It is beneficial for you that she have not filed any case against you till date.
Yes but have to file separate petition for custody. Can file anytime.
Dear Sir,
At any stage you can claim either visitation rights or joint custody of child.
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Section 12 in The Guardians and Wards Act, 1890
(1) The Court may direct that the person, if any, having the custody of the minor, shall produce him or cause him to be produced at such place and time and before such person as it appoints, and may make such order for the temporary custody and protection of the person or property of the minor as it thinks proper.
(2) If the minor is a female who ought not to be compelled to appear in public, the direction under sub-section (1) for her production shall require her to be produced in accordance with the customs and manners of the country.
Section 25 in The Guardians and Wards Act, 1890
(1) If a ward leaves or is removed from the custody of a guardian of his person, the Court, if it is of opinion that it will be for the welfare of the ward to return to the custody of his guardian, may make an order for his return and for the purpose of enforcing the order may cause the ward to be arrested and to be delivered into the custody of the guardian.
(2) For the purpose of arresting the ward, the Court may exercise the power conferred on a Magistrate of the first class by section 100 of the Code of Criminal Procedure, 1882 (10 of 1882)1.
(3) The residence of a ward against the will of his guardian with a person who is not his guardian does not of itself terminate the guardianship.
You need to apply separate petition for custody. You need to file it ASAP and oppose her custody petition
