Mani123456 (Engineer) 10 May 2011

how to get court custody order in my favour

Hi,

My wife filed 498a against me and my parents and forcefully took the custody of the 4 year old child around 1.5 year back. Before that when my son was just 2.5 year old she deserted him, and I took care of him with help of my parents who stays with me.

she changed her school immediately after taking him and put me in dark about everything , I struggled and then with help of Makkala Sahay Vani I came to know that she has started sending him to the school where she is a hindi teacher. All this happened around 1.5 year back.

Then I filed a divorce petition and also seeked visitation rights and interim custody of my son. In Feb 2011, lower court granted me interim custody of my son who is now 5.5 year. But she went to high court and the lower court

order is modified. It is a strange order. Where I have to take my son after his school at 3 pm and keep with me till 6 pm and drop him back to her mother.

Lower court noticed that she took forceful custody. She deserted him when he was 2.5 year back under my care. She changes his school forcefully too by giving false affidavit that she has full custody. So Lower court asked her to restore the custody of the child.

But High court judge tells above are not the only ground, the child has developed affection with mother too. So

the full custody to me can not be given. So I got the above order.

In fact high court judge asked me to take my son to movie etc etc to make him my side. According to

this order I can approach the lower court again after 6 months to seek the change to this order.

Kindly advise me what precaution I must keep and what points I must keep before the lower court again to

change this order. Can I ask the lower court, since child is able to live with me on saturdays and vacation, kindly restore the earlier lower court order.

She has been playing pressure tactics and does not let me talk to my son.

Regards

Mani

Reply Follow

5 Replies

Ambika (NA) 10 May 2011

Please refer to the same query you had posted and have received replies. It is better to keep the same thread alive.

https://www.lawyersclubindia.com/forum/child-interim-custody-case-36572.asp

I agree with Jamai of Law in the above given thread that it is not a strange order, it is simply a logistic probem.

Tajobsindia (Senior Partner ) 10 May 2011

@ Author

I disagree to Ambika and Jamai of Law on sole grounds that a child is not a chalet to be tossed between warring parents and till date enough HC's as well as SC has favored ideal custody (interim) arrangements where child is balanced off between separating parents.

You are aware of those Judgments. Infact you should appeal against the Order. Your facts are different and are in favor of you for the sole grounds that a mother left the child at your home and infact if you are form Chennai then one of the DB Judgment of Chennai HC favored father and granted custody to father and completely canceled even interim visitation of child with mother!