As per this recent tweet by current Chairperson of NCPCR (National Commission for Protection of Child Rights), they will not look into any issue related to child custody irrespective of whether there is a child custody case pending in court or not. As to what are the roles of NCPCR, we should look at the legislation how it came into being. This is a government body created through legislative act called The Commissions For Protection Of Child Rights Act, 2005. I could find the preamble of the above act only in the official Gazette PDF of the bare act known as The Commissions For Protection Of Child Rights Act, 2005 (click to download). In other online sources, preamble is missing. Let’s have a look at the preamble below: From the preamble, it is clear that a main mandate of … [Read more...] about Why is NCPCR washing off its hands from Child Custody issues?
Since the law commission has recently asked for suggestions and comments on a shared parenting consultation paper, I am listing down some points based on my understanding of law, it’s practice, and actual scenario for fathers in Indian family courts. You can use these points if you want to give feedback to law commission, or suggest your own based on your own thoughts and experience. NGOs can also base their response based on following points. Note for those short on time: copy and paste the 12 points and responses given below and email to Law Commission at [email protected] before 5th Dec 2014 (technically speaking last date is 8th Dec being 4 weeks from Nov 10th but better safe than sorry) Note: the main source used is data from the book: The Garbage Generation - By Daniel Amneus. … [Read more...] about Points for shared parenting, child access, and custody to fathers
A picture is worth a 1000 words, so we start our advice to men post with above picture. Studying above picture for 5 minutes will give you as much benefit as reading the whole of Sun Tzu’s The Art of War, because you have most probably come here as a ‘victim of biased laws’, ‘harassed husband’, etc. etc. , and you are not a military general anyway; though one of these days one of them may also land up here! I deliberately edited out the woman’s butt so you don’t spend the 5 minutes looking there Update history This is meant to be a mega-post / mega-article to be written in phases, and eventually it will be the main post on men’s rights having links to other posts on specific topics. Following is a history of updates for repeat visitors. 2-Oct-2014: Section Encyclopaedia of false … [Read more...] about Advice to men on 498a, maintenance, DV, divorce, child custody, what else
Ha ha … Supreme court wants to find whether it has jurisdiction to conduct trial in case of foreign citizens, but at the same time tries to restrain Interpol from carrying out US court’s order in the same case! Does it really enhance standing of India’s judiciary in the world? Will Interpol respect such an order made by Indian court made in respect of citizens of another country? http://www.ndtv.com/news/india/court-restrains-interpol-from-taking-custody-of-child-from-nri-18497.php The Supreme Court on Friday restrained the Interpol from taking custody of a minor boy from his NRI mother's possession and decided to examine the crucial question whether Indian courts can entertain matrimonial disputes if the couple is foreign citizens. … [Read more...] about Supreme court in need of jurisdiction on foreign citizens!
The decision in this child custody case seems to follow the precedent that one parent cannot neglect the child for a long time, and then one day demand custody of child based on a single event. The preference of child is the other important criterion. http://www.hindustantimes.com/rssfeed/mumbai/Court-gives-custody-of-child-to-father/Article1-540841.aspx HT Correspondent, May 08, 2010 A man spending a few days in jail cannot be the reason to deny him of his child’s custody, said the Bombay High Court. In a reprieve to a leading city builder, the Bombay High Court granted custody of his 11-year-old son while rejecting his wife’s appeal. The mother can meet the son every weekend. A division bench of Justice A.P. Deshpande and Justice R.P. Sondurbaldota said: “In our view, the arrest of … [Read more...] about Custody of child: Mumbai HC judgment
http://www.dnaindia.com/mumbai/report_judges-root-for-joint-custody-of-child_1362244 “In family laws, we are almost 30 to 40 years behind. The world has gone far ahead,” said justice AP Shah. Justice Shah explained that the norm in Indian courts — to give the custody to one parent (mostly the mother) with the other parent getting visitation rights — is outdated. Justice Dalvi explained that joint custody indicates shared physical custody of the child, or a legal custody in which the child is in close contact with both parents. The parents also make joint decisions for the child. “The sole custody precedent works against the best interests of the child. Besides, selection of one parent increases litigation. The laws need to be amended, enabling the court to award joint custody … [Read more...] about Judges root for joint custody but laws are already in place!