you can ask for child custody under guardianship&ward but if your children refuse to stay with you it very difficult to get their custody
Child custody
I have three Daughter. 17 years , 15 years and 11 years respectively. My wife and children not staying with me since may 2013. Children not talking with me also. I am staying in Abu Dhabi(UAE) and My wife stay in Diu (India) at his parents home. In June 2014 I do child custody case for my 11 years daughter. But my child tolled stay with her mother. so my application is refuse by court. Previous six month before my advocate send notice to come and stay with me within seven days otherwise we understand she will take to divorce with me, but they not came and not given answer of our notice. we did not take any action. Still we did not file for divorce as children future. My all daughter are brilliant. Elder daughter got average 80 % marks in HSCE Gujarat board exam . Gujarat board has semester system and count all four semester marks In first two semester my daughter have a average 92% marks that time they are staying with me and last two semester she got average 78% so average 80% marks. and she did not get admission in Medical. I try to help for finance for NRI seat through my friends but they rejected. Now Her batter future and good education I want to keep them with me. 2nd daughter also brilliant and she go 95% in first semester and 80% in second semester. may she stay with me I will give good support for mentally and financial so she can able to get IIT engineering collage. Third daughter is studying in private school which fee I paid and also brilliant but now they transfer her to Navodaya vidyalaya . navodaya vidyalaya Result compare to galaxy school is down all time galaxy school diu student going to me engineering and medical but from navodaya vidyalaya diu no body eligible. so you can compare. In court they told we will continue education in galaxy school diu. I take her to Abu Dhabi or send mahabaleshwar as her better education. but they refuse. In court Honeble Judge told you want to keep advocate. That time my wife told we do not have money. I purchase land in name of her. I kept 2 lac rupees is in her account. every month I am putting 5000 rupees in her account but she not withdraw. Her Brother wash her and my daughters mind and not giving proper education. They are playing with my daughters future but they are not understand. I want to my daughter for her good future , if my wife come to me welcome for daughter. But she give me mentally stress to me for twenty years She do everyday violence in my home but bear for children After extreme condition and many repetition I also shouted but then fighting start and she beat me I beat her. This seen my daughters. Please advice me what to do for my daughter good future . Can I do child custody case? It will favour me? Thanks and regards Amrutlal
Asked 10 years ago in Family Law
Religion: Hindu
10 Answers
Dear Querist
As per your information your child custody case has been dismissed due to statement of your child. You can file an appeal against that order passed by family court before high court and pray the same before appellate court.
1) welfare of child is the paramount consideration .
2) wishes of child are taken into account by court .
3) in your case your application for custody of 11 year daughter has been rejected by court as your daughter preferred to stay with her mother .
4) court will not grant custody of 3 daughters to you against their wishes
5) no doubt you are financially sound and can give them good education in best colleges in India and abroad . however since the mind of children are poisoned against you obtaining children custody would be an uphill task
6) best option for you would be to make application to court for visitation rights . as father of children court is bound to grant your application
Hi,
The Supreme Court of India has consistently held that in deciding cases of child custody ‘the first and paramount consideration is the welfare and interest of the child and not the rights of the parents under a statute. As if to dispel any doubts on the matter the Court held that, ‘no statute on the subject can ignore, eschew or obliterate the vital factor of the welfare of the minor’.
In your case your daughters agreed and consented to be with their mother, as you said this may be due to the way they are brain washed or influenced wrongly by your wife and her family. However the courts consider the mind and wish of the child generally if it is above five years ,as they are older they are treated as more mature and capable to decide for them .
Please do not lose your heart, file for visitation rights of your daughters and try to be an active father in their life.
The court will grant visitation right.
Your girls are growing up, so how long their mother can hold them back? First approach the court for visitation right ,ask for an interim order as you have not met your daughters for some time, once you get to meet them , see how you can be close to them. Now there is many ways to be with your kids via internet, messages and so on . First win your children by being a caring and providing father, let them know you are there for them. Certainly you can achieve with your loving approach and fatherly affection what you can't through legal remedies. custody fight is less painful if one looks at only for the happiness of the kids.
All the best.
Hello,
As the father of your daughters it is both your right and responsibility to care for the welfare of your daughters and ensure that they get the best education and are well settled in life.It is heartening to see that despite the strife in the family you are not bitter and still want to do all you can for the welfare of the kids
Despite this being the fact as far as child custody is concerned the law always favours what the child desires especially if the child is 5 yesrs or more.
Do not consider appealing against the court order instead petition the court for visitation rights.This will permit you to have access to your daughters as decided by the court.Once this is granted be the best father to your daughters, a providing and caring father.
You can get all these things in recording and submit to the court, you can submit in court about these things and if they say so you can ask custody of children but you must prove that for the welfare it better to be with you with proofs.but since children are big court will ask them with whom you have to stay.if they says with your wife then court will give custody to to her.
As your daughter aged 11 years has expressed her view against your custody,chances of getting custody of daughters are remote however, if you wish may try by filing appeal against the impugned orders. You ccan file application for visitation rights which the court would allow being father.
1. You will not get the child custody if your daughters refuse to stayt with you,
2. While deciding for such cases, the Court considers the welfare of the child and seeks their opinion,
3. If they refuse to stay with you, there is no point in your filing the Child Custody petition,
4. Only way left before you to settle the matter amicably and help your wife to bring them up in a better way without asking for their custody.
For appointment of declaration of any person as guardian, the court shall consider the welfare of minor. The welfare of the child is determined neither by the economic affluence nor a deep mental or emotional concern for the well being of the child. The answer depends on the balancing of all these factors and determining what is best for the child’s total well being.
In veiw of above, whiled deciding the Court considers the welfare of the child and seeks their opinion.
Now in your case you daughter has preferred to stay with her mother, so it is very difficult to get her custody.
If you wish you can file and appeal against the impugned order, however the chances are very less that you will succeed. However, we suggest you to file application for visitation rights which the court would allow being father.
1. The wish of a child is always taken into account by the court while deciding the issue of child custody, albeit the court may ignore the wish of a child if giving effect to his wish will be counter productive to his welfare.
2. It seems that your daughters have been brainwashed by your wife against you. Confronted with such a scenario it will be an uphill task for you to get their custody unless you are able to show that welfare of your daughters requires that they be uprooted from their mother and given to your custody.
