I have a friend who is separate. He has a daughter who is 8yrs old and staying with him in Dubai since 5yrs. She is studing out there and is staying with her grand-mother. Her mother visits her once in a while. Now the mother wants the child back. Can you please let me know what are the possibilitis for the father getting the child and under what all circumtances?
2007-08-28 20:16:22 · 5 answers · asked by ipshi17 1 in Politics & Government ➔ Law & Ethics
I have a friend who is separate. He has a daughter who is 8yrs old and staying with him in Dubai since 5yrs. She is studing out there and is staying with her grand-mother. Her mother visits her once in a while. Now the mother wants the child back. Can you please let me know what are the possibilitis for the father getting the child and under what all circumtances? Th file is cased in India. Both are Indians.
2007-08-28 20:36:57 · update #1
If u know and have a solution to my question then only answer to the point or else dont give me ur suggestion. Thanx
2007-08-28 20:52:55 · update #2
The basic rule applied for granting custody of the children to any of the parents is "Welfare of the children". The welfare of the children are determined on the basis of various factors such as the income of both the parents, educational background of both the parents, marital status of both the parents if divorced, personal liabilities other then these children of both the parents, job or business liabilities of both, time each of the parents can devote for the children that will help in their development, the best provisions for education, character building & general development that the children can get from which of the parents. These are few of the factors that the family court considers & based on the evidence on record regarding these court decide the custody of the child. The court can even seek the opinion of the children with whom the children fell at ease & comfortable to stay & see if these reasons will be good for the development of the children & make then good citizens in future. The chance for getting the custody of the child is good as the child in this case had remained with the father for the last 5 years when the mother had only visited the child for short period, but now after 5 years her claim for the complete custody seems influenced by ulterior motives other then the welfare of the child. Even if the mother in these last 5 years never before asked for the complete custody of the child, but now all of a sudden awoke for claiming it through the family court. Even what will be checked in this case the personal character & relationship & extent of such relationship which both mother & the father developed after their separation with some other person. If this factor is pleaded with help of sufficient evidence against the mother, the chances of her getting the complete custody of the child will be less although her right to visit the child will always be allowed.
2007-08-28 21:03:16 · answer #1 · answered by vijay m Indian Lawyer 7 · 5⤊ 0⤋
It is the welfare of the child which is the paramount consideration of the Family Court.
Under Hindu Law, i.e Hindu Adoptions and Maintenance Act it is the father who is the primary gaurdian and in his absence it is the mother who gets custody. In Geeta Hariharan Vs. Reserve Bank of India, the Supreme Court interpreted this to mean when the father is unable or unwilling to take care of the child then mother is given custody.
The secular law applicalble to gaurdianship of children is the Gaurdians and Wards Act, the provisions of which will prevail in case of conflict with any personal law.
In your case, since all the hard work of taking care of the child until the child has reached maturity has been done by the father and which means the child has a bond with the father, and the fact that the mother is obviously seeking custody to get maintenance from the husband by using the child are all factors in your favor. The child will definitely be questioned by the court as to which parent it prefers to stay and why ?
The court will look into the financial and emotional stability of the father and mother, whether they can provide a stable environment for the growth of the child etc.
In my opinion, the father has a good chance of custody if he can establish the above facts and gets the legal assitence of a good lawyer.
2007-08-30 03:41:42 · answer #2 · answered by Pramod R 4 · 0⤊ 0⤋
It depends on the discretion of the childs with whom i.e., father or mother she wants to stay with.
2007-08-29 04:53:10 · answer #3 · answered by katkam v 3 · 0⤊ 0⤋
pls lets ur friend come and settle with Happy family
god may bless him. i will pray for whole family and let them enjoy with each other without any circumtances. and u avoid such case to creat.make them to slove and be in one family
2007-08-29 03:48:07 · answer #4 · answered by gandhi kumar 3 · 0⤊ 1⤋
Please explain your nationality. Help to answer your question. Different country, different law.
2007-08-29 03:24:48 · answer #5 · answered by d5kids 2 · 0⤊ 0⤋