LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

BORN TO FIGHT (PROPERITOR)     30 May 2013

Child custody

1. Section 25 Custody of Child
 
Case brief:- she has mentioned in case that we have snatched baby to her, and we are living in a poor lacality and i am not able to provide him good food, education, and medical facility. my moral and social network is bad it will effect baby future i cuel towards baby. (male child)
 
fact is that my inlaws are also living in same locality. i have get treated my son and my wife also in faridabad best hospital Asian institute of medical science i am having all treatment records. and my inlaws are always go to some RMP jhola chap doctor and ESI, my son is studying in A.D. SENIOR SECONDARY SCHOOL it's best school in this area. even my inlaws are not able to get admited there son in this school because they could not bear the cost. in my family we all brother and sisters are graduate and more than that even my father is graduate and my mother is 10th + 2. in my inlaws house my is matric, my all sister inlaws are matric or non matric, my brother in law failed in 9th standard. my father in law is a security gaurd. and my all sister in law and my wife is working in lakhani as helper even in their circle and relation all ladies and gents are low qualified and lablur grade people. they could not read a simple english letter also.  and in my circle my all friends highly qualified in my realtion 3 IAS. i mean to say that what they are writting is just opposite in all way. Notice Attached
 
My Query:-
1. My in laws are very poor even they can not manage their food, can court awrad custody of my child to them?
2. They are un educated and their society is totaly labour class if i will prove in court can court award custody of my child to them?
3. My inlaws relatives are involve in criminal activity and all will court consider in that case?
4. your advice required please advice how i will save my child to my inlaws cruel hands.

5. My wife has filed this case after 6 month from the date of living matrimonial home and child can she claim intrim custody. she has not make any application for intrim custody.

6. can court award intrim custody to her without any application.
 
i am not having any problem to handover my child to them but i know 1 thing they take revenge to him they not consider him as baby they will consider him as a enemy child and money provider.



Learning

 6 Replies

Adv Archana Deshmukh (Practicing Advocate)     30 May 2013

Most important information that you ought to have provided is missing;

what is the age of your child?

since when you and your wife are living seperately?

Generally all the factors mentioned by you shall be considered by the court provided you are able to 'prove it'.

If the interim custody is not claimed by your wife, the court will not suo moto grant it.

In any case for custody, the welfare of the child is of paramount consideration. 

BORN TO FIGHT (PROPERITOR)     30 May 2013

Age of my child is - 3 Year 9 Month.

we are living seperate sinch 5th December - 2012.

before that she has filed 498a on 16th January - 13

My child is studying in the school of just behind of my in laws house but she has never tried to meet him.

 

Thanks

AT

Adv Archana Deshmukh (Practicing Advocate)     30 May 2013

As your son is below the age of 5 your wife has a better advantage over you as the custody of a child below the age of 5 is ordinarily granted to the mother. But still it is not her unconditional right. IF you are OK with giving the custody of your son to your wife then its OK., but if you want to retain the custody with you then, be prepared for a tough fight along with proofs of everything you assert. It will be good if you act sensibly and stratagically with due consultation with your advocate. Discuss everything with your advocate in detail and act accordingly. 

BORN TO FIGHT (PROPERITOR)     30 May 2013

First of all thanks for your kind help and promp reply.

i wants to ask some more questions please reply point wise:-

How much time court will take in deciding child custody minimum?

Can i challange/appeal court decision in upper court? if yes than how much time minimum upper court will take in decision of appeal?

Can you give me some stertgy by which i can save my child to the hand of my cruel in laws?

 

Thansk

 

AT

Adv Archana Deshmukh (Practicing Advocate)     30 May 2013

How much time court will take in deciding child custody minimum?

Ans:- There is no fixed time limit.

 

Can i challange/appeal court decision in upper court? if yes than how much time minimum upper court will take in decision of appeal?

Ans:- You can file an appeal if the judgment goes against you. Again there is no fixed time limit for the court to decide the appeal.

 

Can you give me some stertgy by which i can save my child to the hand of my cruel in laws?

Ans:- There is not fixed strategy.. what should be done and how to defend the case to retain the custody, everything depends upon facts and circumstances of every individual case. There is no fixed formula for that and therefore I told you to discuss everything with your advocate in detail and act accordingly as per his/her advice and guidance. Your wife definately have an advantage over you and so it can be a tough fight for you. But even in that case if what you described about your wife and in laws is true then, you also have a case to defend. So discuss with your advocate in detail and plan accordingly as to how to go about it.

BORN TO FIGHT (PROPERITOR)     30 May 2013

Thanks a lot mam, for your kind advice.

I wants to just confirm that if i will fight here, and any decision gone against me there after if i will go in appeal than it is possible to my child to attain age of more than 5 year. by which the chances of court decision might be in my favour.

what fact i was told about my in laws are as correct as sun rising.

 

Thanks

 

AT


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register