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amardeep (xyz)     12 June 2013

Filing procedure - child custody

G.Noon Sir/Madam,


Me & my wife are living seperate from past around 3 months,we have a 3.6 yrs of baby boy which lives with me (right now off to my hometown karnal due to summer vacation with his grandmom).

Since the birth of the child his mother has left him 18-20 times (despite of no physical assault from my end but just verbal petty talks amongst us). she is from delhi the child was born in karnal (haryana) and me and my son are presently living in hapur(U.P). How and where can i file for custody of the child as three states are included i.e Delhi, Haryana & U.P.



Learning

 10 Replies

Adv k . mahesh (advocate)     12 June 2013

you have file were you are staying hapur, U.P

and why you want to take chance as court will give custoday of the baby boy to your wife 

why you want to take chances 

Adv Archana Deshmukh (Practicing Advocate)     12 June 2013

I do not understand why do you want to file for the custody of the child when the child is already in your custody...??

Do not file anything when you do not need to file it.

amardeep (xyz)     12 June 2013

Regards Mam for your reply,

Just want to make sure that my child remains with me.If in future she files for divorce or custody of child that could be a problem !!

 

Plz do reply thanks in advance

Adv Archana Deshmukh (Practicing Advocate)     12 June 2013

DO NOT FILE ANYTHING..

amardeep (xyz)     12 June 2013

mam, just for knowledge sake can u plz tell me if i or she goes for custodial case which city/state will i or she have to file in  ?

amardeep (xyz)     12 June 2013

mam, just for knowledge sake can u plz tell me if i or she goes for custodial case which city/state will i or she have to file in  ?

1) The city/state i presently reside with my son (Hapur,UP) or

2) The city we got married in (Delhi) or

3) The city we used to live together in (Kanal,Haryana)

 

Regards

Adv Archana Deshmukh (Practicing Advocate)     12 June 2013

The place where your son is residing.

amardeep (xyz)     12 June 2013

sir,

despite of knowing the fact by the court that the mother had left the child for more than 20 times just in a span of 3 and half years (which clearly indicates her negligience & carelessness towards child) will the court still favour the mother ??

Adv Archana Deshmukh (Practicing Advocate)     12 June 2013

You are already having the custody so you should not file for custody.

If your wife files for it, you can prove the facts stated by you. Rest all depends upon the pleadings, facts and circumstances when the proceedings are going on.

If you are able to look after your child properly and in a better manner and the child is happy with you, the court may give the custody to you also.

ktkaran (maanger)     13 June 2013

Bhai samajh jao Archana ji ki baat she is right,the monet u file case remember U will at loss and child will got to Mother irrespecive of what u say Court will not listen and will say Mother is best and as a rule also child below 5 years has to be with mother .


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