Transfer of child with knowledge of father

1.    Nothing now at this Appeal stage.

2.    School Authorities currently cannot be made party.

3.    Kidnapping case also cannot be filed.

4.    Ideally when Appeal at Sessions was filed an Application for "maintaining status quo of child should have been got allowed" on admission hearing date itself.

5.    Ideally for above, your Advocate should have been feed with various persuasive Orders from various Hon'ble HC’s plus of Hon'ble SC as same were discussed at length here in LCI.

@ Tajobs thanks for your prompt reply . 

Whereabouts of the child are not known maybe taken abroad or maybe taken to another state or maybe in the state itself  . How to seek the details as to where the child is  should a FIR report be filed stating that the child is missing . 

 1.    For your next query when you / your side were facing DV Complaint case OR when she left your home with child, appropriate Application claiming your rights / remedy under GWA should also have been moved other than climing respondent's rights under persuasive pleadings of S. 21 DV The Act, 2005 is my view. These are fall back safety remedy a smart Advocate proposes once brief is before h/er least this day the client does not have to face. However;

2.    HCP OR FIR is/are tricky as in absence of proper statutory earlier claims you can’t bring on merit across table HCP or for FIR is my view.
Reasoning: Either are based on ‘wordings i.e. cause of action’ to see Admission at HC / act upon by Police is my view reference to evolving brief for a further  reason DV Act is flimsily drafted and visitation / guardianship claims are still considered disposable under GWA Act i.e. some activity has to be there earlier to draw parallel for HCP / FIR.

3.    Nevertheless now consult your Advocate and let us see what he cooks up as just remedy for you!

I dont think an appeal would help.

 

You should move a petition under GWA and a writ petition for immediate appearance of your child.

 

Regards

Chetan(dot)7679(at)gmail(dot)com

@ Tajobs thanks for your response  

My Advocate has conveyed that we would go ahead with the appeal stage .In Dv case purshis has been filed stating that appeal is on in sessions court . So even if she does not accept the summons as per the appeal due to her not stating her correct  address than along with the report of the same we would have to go in for an ex-parte order .

 And allow the court order to be passed and it would be her duty to to follow the court order else it would be contempt of court and the same would be punishable  .Reason being that transfer is a seperate matter which she has not conveyed but hidden it from  the eyes of the court .

1.    I doubt ex-part Order may be given under Appeal that also in Sessions Court in reference matter!

2.    When your side claimed for visitation under S. 21 DV The Act, 2005 did your side mentioned in concerned Court to maintain ‘status quo’ of the minor child? This has merit relation to Appeal because unless your side would have prayed in trial Court (the whole application got dismissed is joint separate issue) she was within her rights to put child in different School as her plea would be ‘welfare of child’ and in ‘absence of any 'restraint order' from either GWA or DV Court on custody of child it is obvious the custodial parent always takes right decisions. Is it not?

3.    Prepare your pleadings now accordingly.

4.    Service can be effected on her Advocates Chamber address + pasting + by all other modes i.e. in any other Court where she is expected to make an appearance.

Hint:-

Become necessary party to two live PIL’s of Mumbai + Karnataka husbands’ who have  challenged DV Acts constitutionality alleging The Act, 2005 being gender un-equal. This is how various smart women activists become interlocutors in various public policy Appeals / PIL's so what stops affected people like you to not strive / become jointers in such PIL's? 

@ Author 

I agree to Tajobs and Chetans point of view .

What so ever tricks she may be trying in order to deny you visitation by moving the child within the state or outside the state or maybe outside the country at any cost you would be granted visitation maybe in your appeal or under gaurdian and wards act which you can apply for even now. Dont bother about filing a FIR or countering the school authorities regarding the issue of a transfer certificate .  

As your child would have their summer vacation or their annual holidays during that period your quest for visitation would be granted under supervision or without supervision. It seems your wife is running away from you inspite of her  filing a domestic violence case in order to teach you a lesson  :-) .  These happens in most of the cases there try to alinate the child from the father .

Another way round would be to put advertisements in the newspaper stating your chid was studying in so and so school and has not been heard of since anybody knowing the where abouts may kindly contact you .Mother of the child is working at so and so place and has not conveyed any facts to you about your child . 

Originally posted by : stanley
	Another way round would be to put advertisements in the newspaper stating your chid was studying in so and so school and has not been heard of since anybody knowing the where abouts may kindly contact you .Mother of the child is working at so and so place and has not conveyed any facts to you about your child .

A very good suggestion thanks for the same !!

1. Nothing now at this Appeal stage. 2. School Authorities currently cannot be made party. 3. Kidnapping case also cannot be filed. 4. Ideally when Appeal at Sessions was filed an Application for "maintaining status quo of child should have been got allowed" on admission hearing date itself. 5. Ideally for above, your Advocate should have been feed with various persuasive Orders from various Hon'ble HC’s plus of Hon'ble SC as same were discussed at length here in LCI.