• Child custody

I am in between divorce, there are multiple criminal and DV case against my wife, also video evidence of my wife harassing my mom. Recently I collected video footage of my wife harassing my son and I launched a written complain to police. Based on the video footage how can I approach court for my son. what case can I file based on the video footage to rescue my son. the footage consist of my wife locking my son in room for hours and leaving the apartment. Also abusing my 6 years old son and threatening to hurt him and also acting violently by throwing chair and my son is shivering and scared and crying
Asked 10 days ago in Family Law
Religion: Hindu

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9 Answers

Seek sole custody of your son 

2) take the plea that she is unfit to take child custody on account of her abusive  violent behaviour against your son 

 

3) you can also call child helpline for assistance 

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

You can file petition in court for claiming xustody of your child wherein you can use the video footage in support of your claim. 

Nikhil Gupta
Advocate, Yamunanagar
57 Answers
1 Consultation

4.0 on 5.0

As per Section 6 of Hindu Minority and Guardianship Act, 1956, custody of child below five years will be with mother with visiting rights to father and custody after five years of age will be father with visiting rights to mother. As of right, you are entitled to permanent custody of son, he being above 5 yrs. You can file an application in Family Court with proof of video footage to get immediate custody.

Ravi Shinde
Advocate, Hyderabad
2684 Answers
42 Consultations

5.0 on 5.0

You can file a petition for seeking sole custody of the child owing to the fact that she highly abusive towards the child which is against the interest and welfare of the child. You can also file the video evidence in your possession wherein she can be seen assaulting the child to show her conduct before the court.

 Hon'ble Supreme Court has held that custody of children below 5 years of age should go to the mother and custody of children above 5 years of age should go to the father but the welfare of the child is of paramount importance. In the present case, abusive nature of the mother is against the welfare of the child and chances of you getting the custody of your child are very high.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

You can give a complaint against her with the child welfare commission by attaching the evidences in your possession to invoke action against her through juvenile justice act.

Besides,  file a child custody case before appropriate court immediately. 

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

- As per law, both the parents have an equal right to the custody of a child.

- Under the Guardian and Ward Act, , the welfare of the child as the paramount importance, like ethical upbringing of the child, Safe-keeping of the child, Good education , and economic well-being of the guardian. 

- Further, as  per the Supreme Court, for the custody of the minor, the only consideration is the welfare of the minor. 

- Under Hindu law, A mother usually gets custody of the minor child, under the age of 5 and fathers get custody of older boys, but it is not a strict rule and is primarily decided based on the child’s interests.

- The choice of a child above the age of nine is considered, and further a mother who is proven to neglect or ill-treat the child is not given custody.

- Hence, on the ground of cruelty by the mother of the child , you can claim the custody under the Guardian and Ward Act. 

Mohammed Shahzad
Advocate, Delhi
9905 Answers
121 Consultations

5.0 on 5.0

Yes you can your mom both can file proceedings against your wife in above case

Prashant Nayak
Advocate, Mumbai
27278 Answers
88 Consultations

4.4 on 5.0

A child custody case has to be filed by you against your wife seeking custody on grounds of cruelty to the child and mental and physical abuse. 

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

Dear client,

If a mother/father fails to provide proper guidance, or who emotionally and mentally abuses the child, will eventually lose custody of the child. Hence, you can file for custody of your son.

Anik Miu
Advocate, Bangalore
4775 Answers
52 Consultations

4.9 on 5.0

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