Dear Sir/Madam,
This is regarding the Custody of my 10 year old neice, who was harrased by her step mother.
My sister comitted suicide in 2004 at her husband's place following harrasement for dowry and other things. We filed dowry case on their famliy. And subsequently, on the advise of elders had compromised the case in the interest of the child. We had given a plot to my sister before her death. The plot was sold by my brother in law, and we made sure the amount was deposited in child's name. My brother in law took the guardianship of the child and her property in the Court of City Civil Judge, Bangalore. The child was 2 years old during her mother's death. Continued to live with her father, until he remarried. The minor child was subjected to harsh punishments and cruelty by her step mother. When my minor neice came to our home(Mysore) for summer vacations in 2010, she refused to go back to her father citing ill treatment.
So, we produced her before the Child Welfare Committee, Mysore. Committee got a detailed investigation done and also recorded child's preference of staying with her maternal grand parents. A Probation Officer report under PO Act was called. This report after studying the minor's father's family and minor's maternal grand parents background, favoured the custody of child to maternal grand parents.
During the proceedings before the CWC, the father of the minor never appeared inspite of Summons and never tried to contact his daughter for 2.5 years. CWC gave minor's maternal grand parents the temporary custody of child and asked to approach competent court to get the Guardianship.
We approached Mysore Family Court for the Guardianship of the Minor. The minor's father, my brother in law has competed that since the guardianship of minor was awarded to him in Bangalore, the Family Court at Mysore doesnt have jurisdiction in this case. And also contested that her maternal grand parents are behind the money in child's name. Maternal Grand Parents are well to do and have more money and property at their disposal than the disputed amount.
Question:
1. Can Mysore Family Court continue to hear the case or is it not in its jurisdiction as the Guardianship was awarded to the father of minor in Court of City Civil Judge, Bangalore. (The Reply from father of minor says that Competent Court in Bangalore only has to be approached for the removal of Guardian of the minor Child.
2. We are planning to submit Maternal grand parents' pay slips, property details to the Court to prove our financial condition. We also want the Court to appoint Government Official like District Commissioner as the guardian of her property. If this will be accepted by the Court.
Request to provide all your valuable insights and help as soon as possible.
Thanks in Advance
