deepak (prop) 23 September 2012

Child custody

i am living separately from my wife since july 2011. She had taken both of my childs (twins-boys) aged about 10 years & 8 months approx with her to her parental home. Now they are not allowing to meet me my children though allow telephonic chat to me with my childred. Now I want to take custody of the children. what should i do. i am not paying any maintenance exp.

neither of us have filed any case.

before this, people from her family and my family gathered 2-3 times, but we were unable to adjust.

then they took her to her parents. After that i asked her to let my child to visit my home for 1-2 days, she refused. After one month she asked for maint., then i asked her first to let my child to come to meet me, after that i will start paying the maint. as will be mutually decided. but she doesn't allow, after that she never made a call for maint. or otherwise

now please let me know what should i do, file a case for custody of children. I live in panchkula(haryana) whereas she live in Samana near patiala (punjab). what will be best for me as it has been a lot of time to have seen my children

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4 Replies

SARVPREET SINGH GURNA (Advocate) 23 September 2012

Mr. Deepak,

Yes, the right legal recourse for you is to move an application under section 12 of the Guardian and Wards Act and apply for an interlocutory order for the temporary custody of your children.

Saravpreet Gurna

Advocate

Phone. 7508677307

rajiv_lodha (zz) 23 September 2012

And remember, this case will be filed at Samana

deepak (prop) 29 September 2012

Mr. Rajiv Lodha has added that i had to file case in Samana (Place where my children with my wife are living)

Can I file the case in Patiala as the Samana is in Patiala Distt. or In Punjab & Haryana High court at Chandigarh as my brother -in-law has threatened me. and I don't want to go to Samana as it being a small place all the persons are very known to them and are working in the Court. Also I will have to hire the advocate from Patiala as I can't believe the Advocates of Samana as they could have some unknown family relation with my-laws

Can I request the hon'able court to allow me to file the case at Patiala.

Should I file case for custody of both the children or if she insist then one to her and one to me please guide me.

(For ur information her parents are not financially so good and living at a place which is not better than chandigarh/Panchkula as far as their study is concerned).

How much time it takes normally.

Thanks with regards

SARVPREET SINGH GURNA (Advocate) 02 October 2012

Dear Mr. Deepak,

It is a principle of common law that all civil suits are filed at the place where the defendant (i.e. in the present case your wife) resides. Therefore, you will have to file the petition in the court of Sub/Civil Judge at Samana. However, if you have a grave threat or a genuine apprehension that your case may not be properly contested due to some reasons beyond your control, you can approach the High Court of Punjab and Haryana for seeking a transfer of the case filed by you to Panchkula from Samana. However, I will not be overly optimistic of your transfer application being allowed easily by the High Court, as the conveniece of the wife (who is with the children at the moment) is given preferrence over that of the husband. Further, since it is your petition for custody, the High Court may not be inclined to favour you in that by inconveniecing the wife. As regards what you should pray for in your custody application, you may ask for custody of both children, and let the Court decide what is in the best interest of the children. There is always room for a great deal of mutuality between husband and wife in such cases, and the Court shall not stand in the way of that. Therefore, this issue can be sorted out by you both as per mutual consent, failing which the Court shall pronounce its verdict keeping in view the facts and circumstances of the case.

Sarvpreet Gurna

Advocate

Ph: 7508677307