keyur (manager) 16 June 2013

Most urgent-stay application rejected by family court

I had put up petition for child custody in family court citing urgency in vacation as my exwife had taken my 9 years daughter’s admission into residential school 600 KMs away from current city where we both are staying(She is not going to shift there) .As per Decree she has right of her education but at the same time I am having visitation rights twice a week-which I had exercised regularly. I have remarried & having 4 months old son from second marriage. My wife is also ready to take my daughter’s custody.

Court had issued summons to my exwife to remain present in court on 4^th June-which was received by her. They appeared in the court on due date & asked for time to prepare for the case quoting their senior lawyer is out of country. When we asked about interim stay(not to transfer my daughter to a residential school) before 9^th June(My daughter’s school commencement date)Judge told us to give interim application for stay & gave a date of 15^th July for Main-custody case & told both the parties that if we submit the interim application than revised date for hearing of stay application will be given. We submitted the application same day & judge given us date of 7^th June. Judge instructed to served notice through court to my exwife & her lawyer both. But they didn’t receive Court notice. They remained absent. However judge accepted our submissions & told us that on 10^th She will give order on stay application. On 11^th Lady judge rejected our application of interim stay quoting that child is not property so court has no power to give stay on transfer of child.

We are not able understand the order on stay application & planning to go to high court. Hearing on main petition case will continue in family court. Pls advice if its worth going to high court.

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2 Replies

manya shukla (none) 17 June 2013

ur daughter is a girl , so custody will b given to her mother till the age of 18. the custody of daughter may be given u if u prove tht she is unable to look after her child.

(Guest)

I am not an advocate but the one who is fighting for the custody of my son.

It is the right age for the child to be in the company and under the direct guidence of her parents. Education is one of the main criteria but not the sole concern as all-round development includes the company of parents, grand parents and all other relatives. Love and personal care under the direct supervision of parents cannot be replaced by the residential school. Child's mother may come up with the arguement "For the sake of Bright future of the child" but the law stresses on Wellfare and All-round development of the child which is much much more than whatever the residential school can provide to the child. Word of caution : Do not just object because your visitation rights will be hampered as it won't work because you got to sacrifice certain things for the sake of "bright future of the child". If your concern is much more than just your visitation rights, please go ahead and challenge the order in HC. Show case your concern appropriately and rely on your merits. All the best.