Issues of the contested Divorce- Child Custody & Maintenance
A contested divorce is exactly what it sounds like: one or both companions challenge (contest) some part of their divorce. Consequently, the divorce procedures take any longer to finish and ordinarily include more noteworthy anxiety and expanded legal fees.
The mainly contested issues in this kind of divorce include:
- Division of debts,
- Division of property,
- Child custody and maintenance, etc.
Many expect that the mother dependably gets care of her children. This is not the situation. While the courts typically consent to the choice of the guardians in a shared assent divorce, the courts are relied upon to see to the best interest of the child. In a contested divorce, the courts will look at the capacity of the mother or father to be a parent to the children. Cash is not as a rule a matter that is considered. Non-working moms are routinely given care of their kids, however fathers are relied upon to give money related support.
In general sense, the court has power to grant:
- Permanent custody
- Interim custody
- Visitation custody
Permanent custody: It is awarded by the court after going through all the aspects of case. The prime criterion before awarding the final custody in favour of one of the parent, is the welfare of the child.
The important factors that are kept in mind are:
- Education of mother
- Education of father
- Financial and educational background of father (husband) and his family
- Family background of mother (wife)
- Will of the minor
- Better chances of overall development of personality of child.
Interim custody: It is awarded by the court during the pendency of the case. By and large, the Court grants interim custody when such a request does not influence the over all improvement of the kid and same is not the slightest bit biased to the interest of the minor. Court tries to bring harmony between the couple and furthermore keeps a cautious eye that the child ought not move toward becoming transport rooster between warring life partners. While granting interim custody, Court has energy to force certain conditions which could be affidavit of international ID of minor, assuming any as well as immediate the gathering to store its own identification so that the kid couldn't be expelled from the jurisdiction of the Court.
Visitation rights: They are granted by the Court at two stages. Firstly, at the stage of trial, and the other, after determination of entire issue of the appointment of Guardianship of minor by the Court. Indian law is clear on the point the proper development of the child is possible only after the child is showered with the love and affection of both the father and mother. Once the permanent custody is granted to one of the spouse, other parent has an inalienable right to meet the child(ren) one or twice a week or as directed by the Court. The object of law is that the emotional bond between child and father or mother, as the case may be, should not be snapped.
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