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Royan ( )     18 May 2011

I need my Loving Kid

I applied Divorce case in the ground of Cruelty and desertion on September 2010 in Bangalore.
My wife living in Chennai for the past of 9 months. On the first hearing April 10, 2010 She didn't came here and it postponed to this month May 28th, 2011.

I have 7 years old boy. Can I file a new case to get the custody of my child. My wife and her mom's sister are Cruelty persons. Before 6 months back they put a false complaint against me and put me into a jail for 1 hour and gave bribe to police man after that the police man beat me also. I can't survive with this Cruelty persons.

Please suggest me, Can I get my child.

 



Learning

 5 Replies

Ravikant Soni (LAWYER IN JAIPUR)     18 May 2011

Apply for child custody in competant court in accordance with the procedure laid down in Guardienship and wards Act.

Royan ( )     18 May 2011

Thanks, But How long will take to do this process in the court..?

Tajobsindia (Senior Partner )     18 May 2011

@ Author

These are my observations to your query;

1. For a divorce suit if you allow concerned Court to post / give dates every 6 months then calculate how long it will be before you receive the much sought after CERTIFICATE IN MARRIAGE (called Decree in a divorce proceedings) !


2.
Always file urgency hearing application to pre-pone court proceedings first of all.


3.
This post is about husband and wife acts of alleged cruelty or about love and affection and desire to have a child by a father?
Reasoning:
As per Law S. 6 (c) HAMA natural guardian of a boy is the father. As ld. Soni suggested use the vast proceeding powers under GWA The Act and insist for shorter dates of hearing and disposal of entire GWA suit in 2 months as per binding Law laid down by SC in Laxmi Kant Pandey Vs. UOI.

 

Ravikant Soni (LAWYER IN JAIPUR)     18 May 2011

Hindu A M act is supplimentry of GWA. So procedure is not discriminated. 

Tajobsindia (Senior Partner )     18 May 2011

Originally posted by :Ravikant Soni
"
Hindu A M act is supplimentry of GWA. So procedure is not discriminated. 
"

 Oh yes sure I am already in confirmity to your this say. But what is the relvance here !


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