Legal Question in Family Law in India

Re: female minor child permanent custody

as per the laws on custody the girl child shall generally remain with mother till the age of 5 years.

the facts and circumstances change the tilt of the balance of judgement from case to case.

further the capacity and arguments of the lawyer do make effect on the case.

in high court you ask the court to serve the summons to your wife in the district court on the date on which she is going to applear. once the service will be done you will be able to prove your point in the high court.

not earning is her negetive point but there are many other factors which required to be seen at the time of deciding the matter so at best i can wish you luck and pray that prudence may prevail between both of you.

Re: female minor child permanent custody

Gentleman, First of all, please let me know : are you contesting your case yourself (in person) or through an attorney??

If you have already engaged a counsel, please have faith in his advice; OR if you want to cross-check his opinion, please write me his advice and I will provide you necessary guidance;

In the case of female child, you will not be able to get permanent custody at least till the child is more than five years old; however, you may get visitation rights and meet your child periodically;

please let me know your income and education level to enable me to comment upon the amount of maintenance awarded against you by the courts.

SUDERSHAN GOEL, ADVOCATE

Re: female minor child permanent custody

In HC you may file application for service through publication.Yes, you can get custody of the child but you must have to show that the custody of the child with you is beneficial and is in welfare of the child.

Re: female minor child permanent custody

You are the natural guardian of the minor daughter, hence you legal right to file a petition for the cusdoy of the minor child and the concerned court while considering your petition will see thewelfare of the minor child which will be the paramount consideraion.

regarding your pending matter for the cusdoy of the child : if your wife is not appearing in the court than you you may file application to serve your wife by publication through daily newspaper which have circulation where your wife is residing and also by affixation to proceed the pending matter.

you are legally boud to comply the order by which you are directed to pay Rs. 3000/- p.m. for your wife and daughter.

You may approach the court seeking relief of meeting to your daughter which you are legally entitled.

This is no ground for the cusdody of your daughter that your wife is not earning. Your wife and daughter are legally to claim maintenance for their livelyhood