• Child custody

CHILD CUSTODY (Male of 20 months) petition by Dipak
DIPAK KUMAR SHARMA
S/o- Ramesh Sharma
60/9 Lenin Nagar, 21 Plot.
Madal Danga Road. Garulia.
PS- Noapara, 24 Pgs (N).
WB-743133. Cell: 9231897184

Against:
SABITA SHARMA
D/-o Chhattoo Sharma
Benirpul, Mahestala 
PS- Mahestala, Budge budge Road.
Kolkata- 700141
Points:
1.	She is unable to feed the child with breast milk since his birth, according to the medical prescription.
2.	She is staying at her parental house more than a year.
3.	She is academically illiterate and I am academically sound and able to provide my child a good future prospect.
4.	She belongs to a poor class parental family getting their livelihood from a road side unauthorized work shop.
5.	After the divorce petition was filed by me I am sending money order, baby food and toys regularly on monthly basis, though she have not claimed for it legally. But, accepting all of them says that they are unable to bring up the child for now and then how in future they will take care and fulfill the necessities of my child?
6.	Being uneducated in this age of time she is unskilled also an unemployed as well and depending on her parental support for bringing up my child.
7.	None of her parental family member is well qualified and almost all are daily earning and daily eating people and hope this kind of family cannot give a sound and prosperous career to my child.
8.	In her absence, my mother is able enough to bring up the child like a caring and loving grandmother.  
9.	From the sources, I have collected around 10 contacts numbers with whom she used to talk over phone in our absence when she was staying at matrimonial house and may have in some good or bad relationship with them.
Asked 1 year ago in Family Law from KOLKATA, West Bengal
Religion: Hindu
1. The grounds mentioned by you can be the foundation of a claim to child custody by you.

2. The disparity in the academic qualifications and the financial status of both the parents is the main factor which has to enter the area of consideration to decide the claim.

3. Talking to somebody in your absence does not have a bearing on her right to claim the custody of the child.

Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
1.The child is only 20 months old,

2. Your wife is he natural guardian of the child,

3. It is very unlikely that you will get custody of your child under e circumstances given by you above,

4, Such custody is allowed to the father when the mother is sick and can not take care of the child.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0
1) child is not even 2 years old .child needs his mother at present . Mother lap is gods cradle 

2) merely because mother was unable to feed child breast milk or is poor and illiterate is no grounds that custody of child be given to father 

3) your best option is to seek joint custody of child 
Ajay Sethi
Advocate, Mumbai
23192 Answers
1218 Consultations
5.0 on 5.0
Hi, it is very difficult to  answer your question and i can't understand who has posted the question to us.......pls clarify your question.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
What is your query? Please mention so I can advise you further.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
The above cannot be concrete or substantial reasons seeking custody of child. 
Since the child is too young, mother will have preference over father for  custody of child, be it in any manner. If you say that for these reasons she will not be able to bring up the child properly, then you may take your wife and child back into matrimonial home  by withdrawing the divorce petition or arrange to set up a separate house near your vicinity so that you can oversee the child's welfare and interest from a close range.
About her extra marital affairs you may have to prove it in the court with evidence upon which you have chances for child custody.  
T Kalaiselvan
Advocate, Vellore
13979 Answers
127 Consultations
5.0 on 5.0

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