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Mani123456 (Engineer)     13 August 2010

how long court or my wife can stretch interim custody argume

Hi,

 Since last 3 dates in the court, the child interim custody arguments is posponed, My lawyer put high court writ

to make it speedy, even then it is not taking place. My wife is keeping my child in pathetic conditions. I have to the vistance of the child every sunday in presence of the mother. I feel bad to meet him just once a week for 4 hours.

I can nto do anything for him if he is sick.

  The argument for interimk custody have got delayed by 4 months. I would like to know how much more it can be delayed by my wife?And what should I do now as my Lawyer also show helplessness.

Regards

Manish



Learning

 6 Replies


(Guest)

Follow these;

1. Submit to court SC binding Law on Visitation / Custody / Adoption Re.: Laxmi Kant Pandey Vs. Union of India 1986 AIR 272 wherein it is held that all child custody / adoption / visitation related cases should be over in 2 months and all HC's to monitor sub-ordinate court on monthly basis.


2. If there is change of situation during visitation then file below (prayer based) application and seek for visitation as;

To grant access to Baby XYZ (name here) to the Petitioners on-

(a) all the weekends from Saturday 10 AM to Sunday 6 PM calculated door-to-door.


(b)
the birthdays of Baby XYZ (name here) and Petitioner (natural guardian).


(c)
the Hindu festivals such as Bhaisakhi, Holi, Dhushera, Diwali, Navratra.


(d)
the National holidays particularly 26th Jan. 15th August and 2nd October etc. to visit National      Monuments along with Baby XYZ (name here) being a child of illustrious academic family.


(e)
the special occasions like marriage, functions, Hawan and Yagna as per the traditions of the Hindu family conducted time to time for welfare of the family and its members.


(f)
To order access to child during the child’s school holidays / summer / winter vacations.


(g)
To allow child on family tours and trip with prior intimation to the Respondent Mother.


(h)
To get the child medically examined from the child specialist.


(i)
To permit Petitioner / Natural Guardian to visit the school and support the child in his / her
education, sports and cultural activities.


(j)
To visit the child at her school functions such as Parent  - Teacher Meeting, School Day, Sports Day etc.


3. It is fact of nature that only CRYING BABY gets milk ! Harsh statement then sit tight bOR choice is yours as natural guardian - equal shared parenting rites man fight it out in under 2 monhts flat !


4. If trial courts showing biasness then approach Appelate court and so on so forth till the time you remove myth that Indian fathers are only "seed givers" and beyond that they have no role to play in their own child upbrining so to speak.


Get it, follow it as per capacity and will otherwise different brands of tissue papers are available to wipe silent tears of child less fathers in this fatherless Indian scoiety.


Advantage of above gyan is that, in 2 months flat you will come to know which way child is going to be tossed by great 'wise court" instead of waiting for the child to be 18 years curtsey court delays and laches wherein automatically child  will choose his / her own path away from a "broken home" so why wait to see your own child grow to 18 years in a child custody case, just see it in 2 months bhai and march ahead then in the best welfare interest of a child !!!!!!

1 Like

Mani123456 (Engineer)     11 October 2010

Hi,

 My wife opted for mediation. There has been 2 sittings with court mediator. She listened to me and then to

My wife. My wife told she will take time to decide about the proposal I put  infront of mediator. So, my interim custody arguments again for delayed for another 2 months. I see my son only 4 hours every week on sunday under my visitation right.

how much more delay can there be after mediation get failed. My laweyer told only one more date will

be given. All other formalities are over and just argument is pending.

Regards

Mani

aflatoon dash (health)     12 October 2010

Arun sir,

your quote "1. Submit to court SC binding Law on Visitation / Custody / Adoption Re.: Laxmi Kant Pandey Vs. Union of India 1986 AIR 272 wherein it is held that all child custody / adoption / visitation related cases should be over in 2 months and all HC's to monitor sub-ordinate court on monthly basis.

  1. can you publish the said judement here.
  2. Regards

Aflatoon

aflatoon dash (health)     17 October 2010

Arun sir,

No where the judement stipulates binding time period to decide the visistation/custody /adoption for biological parents in two months.PLEASE CLARIFY


(Guest)

I have been missing Arun presence in this web site. Somebody told me that his id is banned.

 

But any way comming to the point  - In fact Laxmi Kant Pandey Vs. Union of India 1986 AIR 272   judgment says to dispose guardianship application withing 2 months. Please read point number 11 in the judgment text given below

 

https://www.indiankanoon.org/doc/1402035/

 

Also, one may confuse that above case is for adoption, but courts have taken view that in case of adoption as well as guardianship  consideration of welfare of the child is paramount and same two months time should be applicable. Please refer Guahati high court judgment below Please refer point number 7 in the below link

 

https://mynation.net/docs/guardianship/

 

 

hope this helps

aflatoon dash (health)     17 October 2010

Avinash thanks Yes it WILL HELP THANKS ALOT.


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