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Mani123456 (Engineer)     11 February 2011

Hi, Got intyerim custody for my son who is just 5.5 year old

Hi,

 As I have always been told that father never get the interim custody, It is my duty to inform this forum that

I have received the interim custody of my son. My wife legally abducted him 1.5 year back after filing 498a

against me and my parents. She changed her school without my consent and started putting him day care too.

I had all proofs so judge has given me the full custody of my son and she has got her visitation rights.

 My trust in judiciary of India is restored but it is very very very slow.

Regards

Mani



Learning

 8 Replies

ADV Rajesh KASRIJA (ADVOCATE)     11 February 2011

go to court to file execution the order which was in your favour

adv kasrija

9855714554

Kirti Kar Tripathi (lawyer)     11 February 2011

perhaphs you have extraordibary facts and  proofs, which resulted the court to deviate from normal rule procedure. you are lucky. so it is best exmple for fairness of judiciary in our cpuntry. 

Tajobsindia (Senior Partner )     11 February 2011

@ Author

Congratulations !!

1. So the pre-assumed legal minds myth is broken as in with this live eg. !
2. A very good suggestion from first legal replier to your above post. Kindly follow that asap.


Now, kindly educate readers with following;

2.1 - The interim custody when mother left matrimonial home was with whom?
2.2 - At present stage who has filed the Custody application?
2.3 - What does the “operating part” of the Order on custody speak of as in application of mind is what interests me.


Kindly inform above to help general public in their respective custody contest suits.

 

1 Like

Ambika (NA)     11 February 2011

Congrats and wish you the best .....

1 Like

ADV Rajesh KASRIJA (ADVOCATE)     11 February 2011

The interim custody when mother left matrimonial home was with FATHER.

 At present stage FATHER has filed the Custody application.


Tajobsindia (Senior Partner )     11 February 2011

Originally posted by :ADV Rajesh KASRIJA
"
The interim custody when mother left matrimonial home was with FATHER.
 At present stage FATHER has filed the Custody application.
"

See, STATUS - QUO was maintained by your Honor then, well that is what I was thinking once I read Mani’s post, but how come you know all these, however, if it is a guess from you then it is good legal one and if you are his Advocate then I believe ultimately the staus quo is mostly not disturbed in such scenarios.


Well ‘welfare of child’ regained supreme that means.

However, ignore my direct que. asked to you as in above..............

1 Like

Mani123456 (Engineer)     14 February 2011

Hi,

 My wife forcefully took my child after filing 498a with help of police. I filed divorce case and asked for interim custody of my son who is now 5.5 year old. The trial court understood my case and restored the custody of my son. I still have to get the order copy to answer other quetions.

Regards

Mani

minaz dandhala (lawyer)     17 February 2011

Not only interim custody but a father being a natural gaurdian of hindu minor is entitled to permanent custody of the child over the age of 5 years. However the  welfare of  the child is the paramont consideration before the court while granting parmanent custody.


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