Parth Chandra (none) 09 March 2011

Child Custody - Help needed

Hi,

My wife has recently filed for Child custody (inerim and final) and visitation rights for my 3 years-10 months old daughter.

Can anyone please share knowledge on what could I do to rebute her claims of child custody (interim or final) keeping in mind the following...
1) She left the matrimonial home on her own.
2) After a week, She initially left my 3 year old daughter crying at my father place and fighted with my family members.
3) Then I took care of my daughter along with my uncle and aunty for about 2 months. In the mean time she filed 498a, crpc 125 final maintenance for her self.
4) After two months of leaving my daughter, she filed section 97 to take my daughter back and we gave her on pursis saying that they will compromise and would return for compromise in one month along with daughter.
5) They did not come for nearly 10 months in court proceeding under section 97
6) Finally court issued notices to them and in final judgement under section 97, court gave my dauther back to mee which was by this time admitted to school by them (I already admitted her into school before giving her to my wife thinking that she would compromise before the term starts) and was 3 years and 10 months old. Court in its judgement cleared that child's welfare and custody can't be given in section 97 as father is a natural gaurdian also and hence the appeal is dismissed.
7) Hence since around one and half month the daughter is with me and I am planning to enroll her in a different school.

Can any one pleasel let me know how to contest the case as neighter she nor me have much proof ecept that we both have enrolled her in school (I first enrolled when she left the daughter and she when daughter is with her on pursis in a different school for one month and continued the school or 10 months and not joining the pending proceedings). She has alleged that I am drunkyard, not keeping child well etc. etc.

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2 Replies

Tajobsindia (Senior Partner ) 09 March 2011

@ Author,

First file an injuction to maintain status quo that whosoever has interim custody of the child on the dat eof filing this Application will not disturb the child education and physical residence (jurisdiction) till finality of the Suit show pro-activism in child custody suits instead of letting Court to decide each and every of both of your issues - well did you both took any Courts permission to make babies kya so why allow Court to meddle into your personal cause present a joint solution force her to come to make joint solution as far as child future is concerned !
Reasoning: Child is not a chalet to move and removed and again moved from original jurisdiction and company of her firends / environs / closeness to one side of family as per whims and fancies of either of h/er parents to settle their ego differences on child's tender shoulder cost!

Addendum: You have enough grounds all you need to prove expeditiously is to settle the custody suit in flat 2 months first with day today hearing as it is not in paramount interest of child to prolong the same and just concentrate on only one ground among roughly 5 you mentioned in above brief, rest are antagonize a child as far as S. 17 GWA is concerned and may lead to prolong the custody suit endlessly.

BTW, any issue to put all your queries in one single post Sir ?

1 Like

Parth Chandra (none) 09 March 2011

Thanks TajobIndia,

I placed all the matters separately so that it can be brief, to the point for a particular author to respond based on their knowledge and can be easy for readers to find based on their needs.

Regards,