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Child Custody Cases After The Divorce Between The Parties

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Now a day the dispute relating to matrimonial affairs are increasing. We are witnessing number of cases pertaining to divorce in last ten years. In our society percentage of divorce is rising day by day. Now question arises, what will happen to the kids after divorce? Whom custody of child be given?Who is the competent guardian Mother or father? Who should be given child custody? These questions are very crucial and important while adjudicating the cases related to child custody.

The court has to invoke parent’spatriae jurisdiction to decide the custody of child. It means that the court has to see paramount welfare of the child. Lawyers for Child Custodyhave to assert to Family Court that interest and well-being of child is very important rather than rights of party under law. Divorce lawyer has to keep in mind that welfare of minor child is having weightage over the right of the parties.

Time and again Apex Court reiterated that whenever welfare of child is at peril, it requires interference  practice of changing custody from mother to father and from father to mother must be discouraged, because child may experience trauma in event of frequent custody of change.The Hon’ble Apex court in various landmark judgments has also observed “that children neither are not mere chattels nor are they toys for their parents .Absolute rights of parents over the destinies and the lives of their children has, in the modern changed social conditions must yield to the considerations of their welfare as human beings so that they may grow up in a normal balanced manner to be useful members of the society and the guardian court in case of a dispute between the mother abd the father ,is expected to strike a just and proper balance between the requirements of welfare of the minor children and the rights of their respective parents over them.”

Laws are very clear on this aspect, paramount consideration of child must be reckoned before deciding the child custody cases. Our Legislation has provided relevant Act, Such as Guardianship and Ward Act but the welfare of child is having overriding effect over existing laws.

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Know, How Can A Lawyer Helps in Cheque Bounce Cases

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Cheque bounce  has been incorporated to give a serious status to financial transactions is among the most common financial frauds. Act.

Time frame Cheque Bounce

The legal notice must be sent through the registered post within 15 days of the cheque bounce and the receipt of the same must be kept by you for the purpose of evidence.

The legal notice must include all the facts of the case, such as the purpose of the cheque, nature of the deal, the amount on the cheque, date of depositing of cheque and date of dishonor of cheque, etc. It is compulsory to take the help of a competent cheque bounce lawyer for this reason.

Thereafter, the accused is given 15 days time from the date of service of notice to make the payment. If the person does not make the payment within the predetermined time, a complaint under section 138 can be filed against him in the court of law within 30 days after the expiry of the 15 days period after the service of notice.

Once the grievance has been accepted in the court, issues summons to the defaulter for appearance. In case the accused remains not present on the date of hearing, the court may issue warrants against him and the police can then take him into custody and present him in the court on the next date of hearing.
How Can a Lawyer Assist in Cheque Bounce

Cheque bounce, offences in India, is still a grave issue to deal with as it may involve potential jail time for the issuer. Thus, it is of utmost importance to have a lawyer by your side when filing a cheque bounce case.

An experienced cheque bounce lawyer can outline the legal notice and complaint on your behalf and can also get ready you for Pre summon evidence.

A cheque bounce Lawyers  can direct you through your legal passage and can assist you know the procedure of the court . He can make sure that the possibilities of you receiving the preferred result in your cheque bounce case.

What Happens if Timely Steps is Not Taken in a Cheque Bounce Matter

A cheque bounce case is time-bound and the time period to take any action against the defaulter under the cheque bounce law and the Limitation Act is limited.  There is other option for Recovery of Debt that you can file suit under Order 37, CPC, which. is called Summary Suits