Legal Question in Family Law in India

child custody & rights

I and my wife adopted a girl child (4 months)after 10 years of our marriage . But after 2 years she filed 498A against me. But only FIR was registered and after 10 months FAD report was given due to withdrawal of complaint by my wife against me(Further action Dropped). Now i have filed GOP for custody of my child but I would like to know what action I can take against my wife as she has destroyed my childs future by making it fatherless by taking away the child from me. Adopting a child saying that child will get into a good family enviorment and then making the girl child fatherless is very cruel. I have filed for divorce and she has filed for maintaence under section 24 & 125 for both her and the child. Now I would like to know whether any child human right has been violated by not showing the child to the father?Waht are my rights & child rights I would also like to know what other actions I can take on such kind of people ? I want the child to grow up in a healthy atmosphere and have a normal life built on ethical and moral values.Will I get my daughter as she is 4 years old now?


Asked on 6/29/08, 12:29 pm

3 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: child custody & rights

If you have not been divorced then try to reconcile for your child's future. generally court's grant custody of the child aged upto 5yrs to the mother.

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Answered on 7/16/08, 5:39 am
G. M. Gupta gmguptaandassociates

Re: child custody & rights

i read the views of sh sudershan goel and i agree upto great extent. but i dont blame you all and sometimes in life we dont just understand what is happening and why such things are happening.

try to find out the reasons for the problem becos a marriage breaking after so many years has some more in store then you can see.

find out and try to sort out the issues or meet a marriage councellor and better talk to her.

things will sort out and dont destroy your life by going in litigation..

sab keechad hai ... usmen mad koodo

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Answered on 7/12/08, 6:09 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: child custody & rights

Gentleman, if you sincerely want "the child to grow up in a healthy atmosphere and have a normal life", you should create such atmosphere which may attract your wife to stay with you. The fact that your wife filed no complaint against you for first 12 years of marriage shows that either she had been very tolerant or your behaviour was ok but changed later.

there is no violation of any "child human rights". the court will decide the custody matter depending upon social, educatinal, physical, mental, psychological and financial status of both the parties, and other attending factors, in the best interests of the child. normally, the custody of a female child at least upto the age of 5 years is allowed with the mother.

in order to establish your bona fides, you should volunteer sufficient money as maintenance for your wife and child so that live with dignity as per your status and standard of life. In other words, a compromise in petitions u/s 24 of HMA and 125 of Cr. P. C. should be immediately reached and you should pay the maintenance amount regularly; you should also be willing to spend and should continue spending towards welfare of the child in addition to what may be agreed as maintenance amount.

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Answered on 6/29/08, 8:19 pm


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