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 child the courts cannot by law overrule such an arrangement. So it results that in most court cases the primary custody of child goes to mothers, and child support being paid by fathers. But the law especially Hindu Family … [Read more...] about Child support and custody is shared by both parents in Hindu Family Law
Child_Custody_Visitation
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 bare acts say that Custody and maintenance of children are to be shared by both parents as per HMA and HAMA. CrPC 125 is the only one solely laying responsibility of maintenance child on man. (Because it does not apply to woman) . About maintenance … [Read more...] about Child support and custody is shared by both parents in Hindu Family Law
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 California in August 2008. A confounding situation arose when the Californian court passed an interim order, granting … [Read more...] about Foreign courts’ jurisdiction cannot be denied in family cases
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 the Indian Administrative Services and the other in the Indian Revenue Services, over their 12-year-old … [Read more...] about Do not let custody row adversely affect child: Delhi HC
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 which false cases can be filed by powerful people should make anyone suspicious of judging someone simply by … [Read more...] about Unproven criminal charge cannot be deciding factor in custody of child
SC Judgment: On directing CBI to produce missing child
ReportableIN THE SUPREME COURT OF INDIACRIMINAL ORIGINAL JURISDICTIONCRL.M.P.NO. 3401 OF 2009INWRIT PETITION (CRL.) NO. 112/2007V. Ravi Chandran …PetitionerVersusUnion of India & Ors. …RespondentsORDERR.M.LODHA, JShould Central Bureau of Investigation be requested totrace the minor child Master Adithya Chandran in the Habeas Corpuspetition filed by the father is the question presently before us?2. Dr. Ravi Chandran –petitioner and Vijayashree Voora –respondent no. 6 got married on December 14, 2000 at Tirupathi,Andhra Pradesh according to Hindu rites. On July 1, 2002, a son –Adithya was born out of the wedlock in United States of America .The matrimonial discord arose between the petitioner and respondentno. 6 soon thereafter. Respondent no. 6 approached the State ofNew York Supreme Court … [Read more...] about SC Judgment: On directing CBI to produce missing child