Hello, my wife has left home with my child without consent, right now i am almost in the process of fir done basis on extortion, cheating and others and we have first hand witnesses of her fraud who are going to testify for me while she has only made an nc of dv case in the police station, all the evidences are there and the fir will be complete by next week. my question is that we both are christians and when it comes to child custody i have seen different laws in hindu, muslim and christian. Can you enlighten me on the laws under christian faith and how is the custody given if i am a father and who has financially supported my daugter who is my child who is almost age 7.
if my wife is convicted in the fir than can i get the full custody of the child and my wife gets the visiting rights, how would it be.
In Mumbai there is circular issued by family court based on bombay high court judgment wherein both parents are given joint custody of child
2) all decisions regarding child education , extra curricular activities , holidays have to be taken jointly
3) file petition in family court seeking joint custody of your daughter
4) welfare of child is paramount consideration
Criminal cases take over 10 years to be disposed of
by that time your daughter would be an adult and free to take her own decisions
is it joint physical custody that you mean when you say joint custody.
Joint custody means parents share custody of a child even if they are not raising the child in one household. Joint custody can refer to physical custody, in which case the child splits time with both parents
There is no law which specifically mentions about the child custody rights under the Christian law.
However, the Indian Divorce Act 1869 and the Guardians and Wards Act 1890 is applicable for all the matters that are related to the Christian children and their Guardianship.
Mothers historically have won more custody battles due to traditional roles and perceptions of mothers as the primary caregivers. However, this trend is changing as courts increasingly focus on the best interests of the child, considering many factors beyond traditional roles.
Mere FIR registered against your wife will not convict her, the allegations leveled against her is to be proved before court of law after which the court will pass the judgment.
If the court finds her guilty and convicts her for the charges framed against her and passes a sentence to undergo imprisonment then the father can claim custody of the children.
You file the child custody case for the reasons you rely upon and can correlate the other incidents as additional grounds at a later stage if necessary.
Joint Legal Custody: This is the type of custody the courts prefer to rule on, as long as it's in the best interest of the children. The benefit of joint legal custody is that the children get to grow up with equal influence from both parents.
Joint Legal Custody: This is the type of custody the courts prefer to rule on, as long as it's in the best interest of the children. The benefit of joint legal custody is that the children get to grow up with equal influence from both parents.
Dear Client,
Custody decisions are typically made based on the best interests of the child, considering factors such as the child's age, the relationship with each parent, the ability of each parent to provide for the child's physical and emotional needs, and any history of abuse or neglect. If your wife is convicted in the FIR and it is deemed relevant to the custody decision, it could certainly impact the court's determination of what is in the best interests of the child. Regarding custody arrangements, "joint custody" can refer to joint legal custody, joint physical custody, or both. Joint legal custody typically means both parents share decision-making authority regarding important aspects of the child's life, such as education, healthcare, and religious upbringing. Joint physical custody involves the child spending significant time living with both parents. If you are awarded full custody of your child, it generally means that you have sole physical and legal custody, and your wife would likely be granted visitation rights or parenting time according to the court's determination of what is in the child's best interests
- As per law, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.
- As per law, both the parents have an equal right to the custody of a child.
- Under the Guardian and Ward Act, , the welfare of the child as the paramount importance, like ethical upbringing of the child, Safe-keeping of the child, Good education , and economic well-being of the guardian.
- If one parent is given physical custody, then periodical interaction and visitation is given to other parent.
- However, joint custody is also given to parents, i.e. both the parents will take care of the child turn by turn keeping the child in their custody.
- As per the Supreme Court, for the custody of the minor, the only consideration is the welfare of the minor.
- Further, there are no prescribed laws for child custody in the Christian laws , and the Guardians and Wards Act is applicable for all the matters that are related to the custody of Christian children.
- Since , she has left the house without your consent , then you can file a complaint before the police and higher official after narrating the facts , and mention that she is now threatening for implicating in false cases.
- As per the Chhattisgarh High Court , under Article 21 of the Constitution, recording phone conversations or making videos secretly without consent amounted to an invasion of privacy.
- You can file a custody petition before the family court for getting custody of the daughter.
Hi, my wife has ran away with our adoptive daughter, and she wants a divorce. since the adoption was done on the fathers credentials can the wife claim for custody of child when CARA gave the child because of the fathers family, house and financials.how court responds to such a situation. and the wife is in hiding with the child,can she do that when the adoption was done on fathers credentials. what does the law say on this matter.
You are entitled to joint custody of child
inform wife that you are willing for divorce provided joint custody is agreeable to her
You can file a Habeas corpus petition before high court to produce the child and a child custody case subsequently before the family court.
You can cite the same reasons in your child custody pleadings to substantiate your claim.
- You can lodge a complaint before the police against your wife for abduction /taking away the daughter without your consent
- Since, CARA has given the custody to you , then she cannot claim custody against the order of the CARA.
Dear Client,
When a wife elopes with an adopted daughter and seeks a divorce, the custody battle is complicated, especially when the father's adoption papers were on Though the CARA guidelines measure parents, although the adoptee is responsible for all the requirements of their child, the parents are equal legal guardians of the . adoption of children. The court will focus primarily on the welfare and well-being of the child when determining custody, considering factors such as emotional attachment, the ability to meet the child’s needs, and overall stability.
The wife’s act of concealing the child complicates the situation and may be viewed negatively by the court, as it is seen as an attempt to give the father a fair chance. The Hindu Minority Guardians Act, 1956, also gives natural rights to both parents, with the father having superior rights to the sons, unless the mother is found unfit.
In summary, although the adoption was on the father's certificate, the wife can still claim maintenance. The court will focus on the best interests of the child, and the custody of the legal father can assist in making appropriate custody arrangements. The Court dislikes the unilateral action of a mother with her child and emphasises the child's right to access to both parents