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Mani123456 (Engineer)     09 May 2011

child interim custody case

Hi,

 The Lower familoy court granted full custody of my child who is 5.5 year old. My wife forcefully took his custody

with help of police after filing 498a against me 1.5 year back. Since then I was getting visiting right till my interim custody application heard. lower court gave his custody to me because in past my wife deserted my son with me when he was just 2.5 year old and stayed outside of my house.

     then my wife went to high court and high court judge modified the order and has asked me following.

 

1. It has asked me to take my son after his school at 3 pm and take him to my house till 6 pm and then drop him back to mother's house.

2. I have custody of my son on saturday and have to drop him back on sunday morning by 10 am.

3. half of the vacation and holliday I will have custody.

4. high court has directed me to go to lower family court to seek the modification of this order again

   after 6 months.

5. Judge has agreed to all points in lower court order and told that since child has developed bonding with mother

he can not give the full custody to me.

6. He also mentioned that father (me) has got deep love and affection toward child.

Infact judge talked to me and told me that try to take the child to your side by showing him movies, playing with him etc.

I would like to know why judge has given this strange order where only I have to suffer by leaving my office inbetween and running to bring and drop back my son.

  And what is the possibility I will be able to get the lower court order  back after filing for change of present high court order.

Regards

Mani

 



Learning

 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     09 May 2011

You file an appel against that order.

Jamai Of Law (propra)     09 May 2011

I would like to know why judge has given this strange order where only I have to suffer by leaving my office inbetween and running to bring and drop back my son.

 

Is that the issue? ... It is logistical problem.

 

 

 

It is a custody related order ................... not a 'reporting order given to criminals' ...

 

as if 'Report once a week to the nearest police station'. 

 

Can a criminal say that 'why can't police to my place instead ........ once a week'?

 

 

If you had your kid with you ....................   then anyways you have had to make some kind of arrangement for kid .........  to drop-off to school and back again.

 


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