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 lci-dla@nic.in before 5th …[Continue Reading]
Advice to men on 498a, maintenance, DV, divorce, child custody, what else
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 …[Continue Reading]
Supreme court in need of jurisdiction on foreign citizens!
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 …[Continue Reading]
Custody of child: Mumbai HC judgment
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 …[Continue Reading]
Judges root for joint custody but laws are already in place!
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 …[Continue Reading]
Child support and custody is shared by both parents in Hindu Family Law
There is a common perception that custody of child goes mostly to mother because that is the law. Or child support is to be borne by man because that is the law. Actually nothing could be farther from the truth (or law). Child custody is decided based on principle of paramount welfare of the child. Mostly both parents are ill-advised by lawyers to ask for full custody of the child, and given impracticality of such an arrangement the primary custody normally goes to mother with visitation rights for the other parent. If the parents decide to have shared custody of …[Continue Reading]
Child support and custody is shared by both parents in Hindu Family Law
There is a common perception that custody of child goes mostly to mother because that is the law. Or child support is to be borne by man because that is the law. Actually nothing could be farther from the truth (or law). It is just that most of the court cases lead to primary child custody being granted to mothers, and child support being paid by fathers. But the law especially Hindu Family law is gender-neutral in both aspects. It is only on case by case basis that a decision can be made about both custody and child support. The …[Continue Reading]
Foreign courts’ jurisdiction cannot be denied in family cases
From recent news below, it is clear that in case of marriage and residence of a couple abroad, when jurisdiction of foreign country’s courts apply in matter of family law; it is incorrect on part of an Indian court to try out a family law matter. http://www.indianexpress.com/news/lower-courts-cant-judge-child-custody-battle-for-nris-rules-high-court/588981/2 But following marital discord, Shweta came to Delhi in June 2008 with their child and decided against returning to her “abusive” husband. In Delhi, she filed a custody petition before a city court to get the child’s custody. Sunil, on the other hand, filed a child custody petition in the Superior Court of …[Continue Reading]
Do not let custody row adversely affect child: Delhi HC
Delhi High Court had recently to explain to lawyers in a child custody/visitation case about their role and responsibility. Read the news below (emphasis shown is mine): http://www.indianexpress.com/news/do-not-let-custody-row-adversely-affect-child-hc/567115/0 New Delhi: Concerned by the adverse impact custody rows have on children who become mere pawns in the hands of their parents, the Delhi High Court has come up with suggestions not only for couples but also for lawyers, who treat such cases as legal battles to be fought like any other court case. The judgment, delivered by Justice Rajiv Sahai Endlaw, involved a custody row between two administrative officers, one in …[Continue Reading]
Unproven criminal charge cannot be deciding factor in custody of child
A recent judgment of a Delhi trial court rejected application of woman asking for daughter’s custody from husband on the grounds that the husband was facing attempt to murder charge. http://timesofindia.indiatimes.com/city/delhi/Man-facing-criminal-cases-gets-daughters-custody/articleshow/5514940.cms NEW DELHI: Is a man accused of “attempt to murder” fit to raise a child? Well, a trial court seems to think so. Taking an unconventional stand while awarding the custody of a six-and-a-half-year-old child to her father, who has three criminal cases pending against him, a trial court affirmed its point of “not to judge a book by its cover”. First of all, in India the ease with …[Continue Reading]
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