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Amita   22 March 2017

Questions re: child custody application under s. 7,10 of gwa

Team:

Need your help. I have a couple of questions:

1. The father filed for his child’s custody under GWA Sec. 7 and 10. The wife’s lawyer has, after over 2 years, raised an objection that it’s not maintainable under either of these sections. His contention is that a natural guardian (father/mother) cannot apply under S. 7 or 10, that is, these sections are meant for 3rd parties, However, I believe the father can certainly file a Child Custody petition under S. 7 of GWA (Guardian and Wards Act).

What’s your take/opinion on this law point?

2. The father has also filed a petition for interim custody. However, he didn’t mention any section in this regard. Can this be the reason for rejection of the interim petition or will it be rather decided on merits?

Thank you so much

 



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     22 March 2017

It will be decided on merits. It is the lawyers duty to refer the relevant sections in the petition.


(Guest)

You wanted suggestion hence you chose this forum seeking solution to your problem. However, you seem to have already approached court seeking remedy, now what is that makes you repeat the story here and seeking suggestions for the same problem? 

You may wait for the outcome of the case and then revert for more suggestions in case the case is not decided in your favor. 

 

The case will  be decided on basis of merits. It is your lawyers duty to refer the relevant sections by referring law books and help you win the case.  You are simply wasting time by seeking second opinion here or elsewhere as no two professionals will not agree to each others advise.

 

If you have paid professional fees to your lawyer, make use of it by chewing his brain would be my suggestion.

 

If you appreciate my reply kindly click on the like button here or on my profile 

page by visiting it, whose link is given below amd convey Thanks !

https://www.lawyersclubindia.com/profile.asp?member_id=84464

Amita   22 March 2017

The Senior Advocate of the father/husband unfortunately passed away some time ago and hence we're trying to get this straightened out. Thanks


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