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Mani123456 (Engineer)     01 March 2011

Child interim custody in high court

Hi,

 I got interim custody of my son in trial court who is presently staying with his mother. He is just 5.5 year

old. My wife has gone to high court.

I got the interim custody because in past my wife left 2.5 year old son under my care and stayed outside for 9 months.

she legally kidnapped my son after filing 498a and took forceful custody of him. She withdrew him from very good

public school I put him in.

 

  But High court judge called me and my wife to his chamber. He also saw my son coming to me. But my son told

he does not want to go to the father house.   Judge seems to understand my case. But He was reluctant to give

me full custody (I just got some clue while talking). But he has been also behaving in fighy manner. He told to go for mediation in high court to settle down the divorce , 498a and custody case. Lot of mediation in the past has failed. I would like to know why judge is taking extra interest in mediation? I came to know that his wife is a mediator. Is there some presonal interest? and he has to pass the order for child interim custody.

 

Can I go to supreme court when I have trial court order in my favour and high court order in not my favour and I lose the interim custody of my son again?

Regards

Manish

 



Learning

 2 Replies

Tajobsindia (Senior Partner )     02 March 2011

@ Author,

1. Mediation is a procedure to amicably resolve conflict in such cases.


2. When you received negative vibes during in-chamber meeting with Lordship then all you could have said was to dispose the case expeditiously and have said no to mediation before HC.


3. You have to wait till HC gives a verdict on your cause of action before her.

 

Jamai Of Law (propra)     02 March 2011

Did your wife file writ?


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