CAN HUSBAND CLAIM AND GET CHILD CUSTODY FROM COURT ?

Husband wife Custody Issue


Divorce and Child Custody cases in India have grown phenomenally. Generally, Courts award child custody of Minor Child to Mother. Custody of Child to Father is uncommon and rare. These orders are passed on the presumption that Mother will look into Child welfare in a better fashion.

In either case, Child becomes a silent spectator. His / His/ Her Voice is neither considered nor even heard by the Courts. This Trend is now all to change.

 

Supreme Court Judgment in Husband’s Favour

Supreme Court in the matter of Smriti Madan Kansagra v. Perry Kansagra, gave voice and platform to the wishes of the Child while considering the Custody Issue. In this case, Hon'ble Supreme Court has considered the wishes of the child while passing the Custody Orders. The Impact of this order is that if the Child express his wish to stay with father, the same will be leniently considered by the Courts now.

The Trend is now Changing !!!

In case , you need any clarification / assistance / help, please feel free to contract me on my whatsapp number. 



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