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Legal service India => Marriage => Topic started by: mybrokenlife on June 03, 2016, 12:59:47 AM

Title: Child Visitation & Custody Law
Post by: mybrokenlife on June 03, 2016, 12:59:47 AM
Child Visitation & Custody Law
Title: Re: Child Visitation & Custody Law
Post by: mybrokenlife on June 03, 2016, 01:19:45 AM
I am a software professional. I and my wife separated due to financial reasons in 2010. My wife is house wife. We have 2 children ages 10 years and 8 years.  My wife started  living with her parents. In 2011  I again started visiting them and taking care of children expenses to some extent. In jan 2016 she stopped letting me to meet kids on a hot discussion on past time married life. So, I am living separated again away from kids. I not think wife much as we both tried alot to get along but we cannot. Section 9 I don't want as I don't want to be ruled by my wife. I do care for her somewhat So, I don't want to file for divorce also. 

I think next life is of children not us. So  I think about children very much and sometimes find myself guilty of their uncomfortable life. I cannot do much about this.  I cannot mess up with my wife as she have strong family history. My family is like no one with me as my parents left this world. In this whole scenario/situation I just want that I able to file petition for visitation to kids and later on their custody if they are not doing well in life with mother.

1. How much this thing can take in court ?
2. What are the estimates on the court fee and lawyer fee involved ?
3. What can be adverse legal things to this action of mine in court from my wife side in court ?
4. What is probability of success outcome of this thing ?

Please reply soon. Thanks
Title: Re: Child Visitation & Custody Law
Post by: advjaibansal on June 03, 2016, 03:08:18 AM
Dear Sir,

You may file a petition under guardianship and wards act seeking custody and visitation rights. It may be filed in the same district court, where children are residing as only the court where children are residing the jurisdiction of the court is made out.

Please file the petition along with interim application for visitation rights. It may take around six months for getting the visitation rights or may be little less. Further it really depends on the lawyer who is pursuing the case before the court.

Fee of the lawyer differs from lawyer to lawyer that you have to find out. Before filing the case please speak to your wife to allow you for visitation rights or else you may file  a petition for seeking visitation from the court. I hope this may help you, if not then file the petition.

Regards,
Title: Re: Child Visitation & Custody Law
Post by: adv.amarnath on June 05, 2016, 12:36:02 AM
1. How much this thing can take in court ?
Ans: There is no quantity rather there is a provision of custody of your children under Guardian and Wards Act.

2. What are the estimates on the court fee and lawyer fee involved ?
Ans: Rs.10/- is the COurt Fee for such petition.

3. What can be adverse legal things to this action of mine in court from my wife side in court ?
Ans: She can file a maintenance case against you.

4. What is probability of success outcome of this thing ?
Ans: Probabilities depends of your present acts and deeds as well as how your advocate is performing. I did several cases in this regard and husband got custody of their children.

For further clarification and consultation in details you can contact me
Title: Re: Child Visitation & Custody Law
Post by: rajgopal sripathi on June 08, 2016, 09:52:59 AM
Hi

First you need to file for child custody under  Hindu Minority & Guardianship Act, 1956 (Applicable if you are hindu) OR Guardian & Wards Act, 1890(Applicable for other religions).

The supreme court in the case of ROXANN SHARMA V/S ARUN SHARMA, CIVIL APPEAL No. 1966 OF 2015, has stated that a father can be guardian of the property of the minor child but not the guardian of his person if the child is less than five years old.

The court also made the following comments: "The Court said that there can be no cavil that when a Court is confronted by conflicting claims of custody there are no rights of the parents which have to be enforced; the child is not a chattel or a ball that is bounced to and fro the parents. It is only the child's welfare which is the focal point for consideration. Parliament rightly thinks that the custody of a child less than five years of age should ordinarily be with the mother and this expectation can be deviated from only for strong reasons."

Coming to your other questions:
1)  Estimates on court fee: Court fee costs Rs10-/-. Lawyer fees depends on his standing in his profession.


2)  What can be adverse legal things to this action of mine in court from my wife side in court ?
Normally once you file a child custody petition, there will be counter cases filed against you by your wife under Domestic violence and Dowry cases. No worries as the courts now have issued guidelines to police and courts to resolve as much as possible through counselling and only if the conduct of the party warrants an arrest, should be arrested after following the guidelines.

3. What is probability of success outcome of this thing ?
We have stated the position of law. However , success outcome depends on many factors including your ability to earn and support the children's education, medical and other financial needs, mental and moral support that you can give the children etc. In case your wife is also contesting the custody with ferocity, the courts may ask the children their opinion too and shall decide the case only on what is best for children.  The courts when granting custody will only look at the best interests of the children.