Dear All,
Need good advise. Wife left matrimonial home in Sep-2014, along with kids, and does not want to return. Currently wife staying in different city far from my city. Have 2 kids - one is 5.3 years (daughter) and other 2 years (son). Wife forcibly took away daughter in middle of daughters school session did not enroll her to any school in last academic session/year. This year in Feb-2015 she is enrolled to a new school. Filed RCR on July-2014 and as of now got 2 dates but wife did not appear. So it seems it will be ex-parte. Some people are suggesting to add a child custody petition along with RCR.
Question is which of the following would be good:
1) Will it be a good strategy to add child custody petition to the ongoing RCR and then probably file an execution petition and get the children? Does RCR decrees allow child custody? If yes, Can anyone please help with a citation where RCR decree along with child custdy was awarded and the father brought his children back after getting the decree?
2) Will it be better to file the child custody in wife's city as the kids are residing there.
3) Or will it be better strategy child custody after getting RCR decree u/s 12 r/w section 25 of GWA for child custody with an interim application for visitation rights . For your reference please find section 25 of GWA which says forceful removal of kid.
25. Title of guardian to custody of ward.-
(1) If a ward leaves or is removed from the custody of a guardian of his person, the Court, if it is of opinion that it will be for the welfare of the ward to return to the custody of his guardian, may make an order for his return, and for the purpose of enforcing the order may cause the ward to be arrested and to be delivered into the custody of the guardian.
(2) For the purpose of arresting the ward, the Court may exercise the power conferred on a Magistrate of the first class by section 100 of the 1[ Code of Criminal Procedure, 1882 (10 of 1882 ).
(3) The residence of a ward against the will of his guardian with a person who is not his guardian does not of itself terminate the guardianship.
