Tuesday, January 18, 2011

CITATIONS FOR CHILD CUSTODY

CITATIONS FOR CHILD CUSTODY
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Please find the citations for child custody, I hope the same would serve some of you well.

1. "When Children of the family are taken out of matrimonial home. It becomes an act of inter-parental kidnapping." Amrit Pal Singh Vs Jasmit Kaur AIR 2006 Del 213

2. " As per the Guardian and Wards Act, 1890 and Hindu Minority and Guardianship Act, 1956 a Hindu father is recognized as the legal guardian of his male and unmarried female minor children in preference to the mother, and the mother cannot remove any child from the father as to deprive him of the custody and guardianship of the child." In re, Prankrishna 8 Cal 969 (971); In re, Himnath 1 Hyde 111, Ma Thein v Maung Po Gywe 8 Bur LT 73; 29 IC 890 (891) and Radha Laxmi v M.V.C. Sastri AIR 1953 Mys 123.

3. If the mother of the child is claiming maintenance that she is hard pressed for money and has no means to sustain herself then it is a well settled proposition of law that "when it is found that the mother with whom minor are residing is financially hard pressed and could not possibly arrange for education and proper development of the child, the custody of the child should be give to the father. Even if her qualification could help her in finding a job it would render the child in a helpless situation." The same is held in many cases Bhagyalakshami Vs. K Narayana Rao AIR 1983 Mad 9; 1981 TNLJ 451, Meera Vs. Shyam Sundar AIR 1985 Ori 65, Master Jubeen Vs. Principal Judge, Family Court AIR 1994 AII 147

4. As per the section 19(b) of Guardian and Wards Act, 1890, when the father is living, no one else can be appointed as guardian unless a father is found unfit to be a guardian. "The father of a Hindu minor being lawful and natural guardian under the law does not require the support of any order of the court under the provisions of the Guardian and Wards Act 1890. The mother cannot be the natural guardian of the minor so long as the father is alive." The same has been ordained in Sundara Murthy V. Shanmuga Nadar AIR 1980 Mad 207 and Ramachandra V.Annapoorni AIR 1964 Ker 269.

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There is no divorce in between husband and wife. wife resides at remote place village and husband in a district place both are working and deserted. The wife inlaws are max taking care of child. The wife has harmonal imbalance and some infections medically. The husband has already sent legal notice to the wife to settle with him at his hometown but wife is not ready and having govt job transfer problem or she doesn't want to live her job n settle with husband.  her inlaws are demanding ransome money to protect n care for child but not giving the custody of child to his father. father is ready to give her wife to & fro ticket fare from his native place to her job...but need the child should be at his home only..with joint family wl take care of the child...
as we study hindu minority act the place of minor ordinarily considered as father's place of residence and mother cannot deprive ..
. " As per the Guardian and Wards Act, 1890 and Hindu Minority and Guardianship Act, 1956 a Hindu father is recognized as the legal guardian of his male and unmarried female minor children in preference to the mother, and the mother cannot remove any child from the father as to deprive him of the custody and guardianship of the child." In re, Prankrishna 8 Cal 969 (971); In re, Himnath 1 Hyde 111, Ma Thein v Maung Po Gywe 8 Bur LT 73; 29 IC 890 (891) and Radha Laxmi v M.V.C. Sastri AIR 1953 Mys 123.

5 comments:

  1. God does create garbage and yes I was married to her..

    ReplyDelete
  2. I don't know what to say. This is definitely one of the better blogs Ive read. You're so insightful, have so much real stuff to bring to the table. I hope that more people read this and get what I got from it: chills. Great job and great blog. I cant wait to read more.

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  3. This comment has been removed by the author.

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  4. great Job!!.


    What is your review on below case.

    Mother of the child is claiming maintenance under section 125 and but her father and uncle is ready to give support for child custody/education and other expanses and ready to give same in written will that against father ?

    Note right now both child are with father (5yr ,10y)

    ReplyDelete