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rajesh (rtrtrt)     24 August 2015

Similar repetitive petion for child custody by the respondan

I (father ) of 7 years old son, have an interim child custody granted by Hightcourt through HCP for the last 2 years. and also filed GWOP for child custody in family court.

when the GWOP is peding in the court, can mother file a similar petition when couse of action and parties remain the same.?

 

cant i file a counter and dismiss thier GWOP ?

 

Rajesh



Learning

 3 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     24 August 2015

She can file a similar petition and U can file a counter.

deep (deep)     24 August 2015

On wat merits u got child custody inter rim? Generally mothers get it, that's y asking

rajesh (rtrtrt)     25 August 2015

me and my wife were working in Blore.after my son's birth, my wife did not want to have the child raised in Blore as she doesnt want to take burden. so I left him chennai at my sisters place since 6months old. I use to visit every weekend to meet him , whereas she meets him once in 6months that too without much intereset.. due to incompatilibilty between us, I started living separately and filed a null and void petition in the blore court , which is still pending.

so in order to avoid that she moved to my sis place in chennai and stayes there harassing eveyone at my house. one day she took off my son to her native without our knowledge..

1st HCP filed and brought him back

next time also she took him away and filed 2nd HCP also aplied and brought him back to chennai .. this time in order it was mentioned that child affectinate with Father

my mom expired in chennai and I brought the kid to Blore ..

they moved court with 3rd HCP seeking for child

Finally , order was given favorable to me as my son showed he is very affectionate and he said he will live with father two years back..

 

order as below

" mother can visit my house and meet the child every sunday for 3 hours..

at any circumstances, child should not be taken out of father's house

the above order valid for only two months ...

meanwhile , she can find a remedy in the family court.."

now after 1.5 years she has filed a GWOP ..

 

now 1.5 years over.. how do we take the order now ? as it was only for 2months?

can i file a counter dismiss thier petition ?

 

 

 

 


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