I am married for 7 years now , 2 years back due to dispute with my wifes family. My wife away went to her maternal town and filed a domestic violence case against me and my family. From past 2 years child was with me. Now, she got an interim order in DV case for custody of child. Is there a way i can get custody of my child.
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1) make application for joint custody of the child
2) recently law commission has recommended that joint custody be given to parents in matrimonial disputes
3) family court in Mumbai has in a recent case awarded joint custody to both parents wherein mother given custody for 183 days and father fir 182 days
file a child custody case before the family court under Guardian and Wards act and claim child custody and without due procedure of law she can not get child custody but may get visitaion right to visit the child.
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thank you advocate sethi. But wont that harm the education of the child. He is already studying in school and i have taken admission for his jr. KG. At this time vacations are going on till 14 June 2016.
Due to dispute between the husband and wife, the child may get harassed directly or indirectly
1) if both are staying in same city court can award joint custody
2) it should not affect child's education
Hi, you have to file an appeal in the District Court and seek for stay of the order passed by the Trial Court.
Hi
If you both are not in same city,joint parenting or divided custoy is not an ideal one.
The interest of the child has to be important and paramount in fighting for the hstody as any court will consider this.
How old is Your child ,if it is less than five courts generally allow custody to mother unless prove that she has mental illness or not competent to look after the child.
It is advisable you ask for visitation rights, get access for holidays ask for 15 days when child has vecation as it will not affect normal school schedule .
You can ask for every week or twice in a month visitation access.
Consult with a lawyer ,depending on the nature of the case,parents,child , the facts differes so the court orders.
it is better to take proper advise meeting alawyer in person before trying for appeal on the interim order .
If the court has ordered you to hand over the custody of child to his mother then the order has to be obeyed. The only alternative to this is to challenge the order in the higher court within 30 days which can stay the order of the lower court. In a case of child custody the only consideration for the court has to be the welfare of child.
if you have evidence to prove that your custody is better for the welfare of your child rather than your wife. then you should challenge the interim order before the district court under guardian and wards act.
you should file a case of restoration of conjugal rights for better handling of custody case. you have to show that you are willing to perform your matrimonial duty and also show that your wife has no reasonable excuse for living separately.
