Children’s Custody After Divorce

Unhappy with their arguments

Talaq Ke Baad Bacche Ki Custody

According to Indian law, custody is given under the Guardian and Wards Act 1890, The Custody for the Child for Hindus and Hindu Minority and Guardianship Act 1956 for physical and legal custody.
– The court’s clear order is ‘Welfare of minor to be paramount consolidation’. There is a Guardian Court at every district level.
– In 90% of the petitions, the father said that his income is more than the wife, so let the children meet him. At the same time, 85% of the petitions said similar things about the behavior of the wife. All these petitions were also almost identical.

Custody is handed over to the mother in 98 percent of cases

Sushant Kumar Thakur, senior advocate of the Supreme Court, says that my experience is that in almost 98% of the cases of custody of children up to the age of 10 years, custody is handed over to the mother.
– Custody is found in father only in about two percent of cases. At the same time, the court gives priority to the will of a child older than 10 years. This is why the father makes every effort to obtain custody of the child in court.
– Bhaskar studied child custody of 160 petitions in different courts of the country and it was found that many times the father makes such arguments, which is difficult to believe.
– Or they are very interesting. However, in many cases his words are correct. By the way, it was seen that in almost 100 percent of the petitions, the husband definitely says that the wife cannot take care of the children.
Apart from this, the husband also says that after giving the custody of the child to the wife, I will not be able to meet.

Education and earning refer in 90 percent of cases

– In 90% of the cases, on the basis of their earnings and education, the husband also describes himself as more capable than the wife. Not only this, in 60% of the petitions, the husbands raised objectionable words about the wife.
– Along with 50% said that wives have come under the influence of maiden. Advocates point out that most of the petitions are similar because fathers feel that they can get custody if they give such arguments.
Mrinalini Deshmukh, who contests high-profile divorces such as Mahesh Bhupathi, Aamir Khan, Aditya Chopra and Hrithik Roshan, says legal custody is usually given to the mother.
– But now the trend of joint legal custody has increased. The courts are also promoting it. Now the court is giving importance to the father in the physical and psychological development of the child.

Custody is given to father once in a million cases

Vandana Shah, a Supreme Court lawyer fighting such cases, says that in any one of a million cases, the custody of a child younger than five years is given to the father because the mother is a natural guardian.
– But it is true that now the role of father has increased in the upbringing of children. Therefore the courts have become somewhat soft towards the father.
According to Supreme Court Advocate Anshu Bhanot, the first important issue in parents is the divorce and then it becomes a matter of custody. The father has to pay maintenance for the expenses of the mother and the child.
In many cases the father wants custody of the children and is also serious to get custody. But they are unable to give concrete proof of what they said and the mother gets custody.
According to Supreme Court lawyer Anvesh Madhukar, the father gives the child and wife maintenance if the mother stays with the children.

Could not get more than three to four hearings

Recently there was a case in which the father made a one-time settlement for the custody for two crore rupees. If the agreement is reached between the two parties and the judge also wants a decision, the case ends soon.