Child custody

Querist : Anonymous (Querist) 25 March 2022 This query is : Resolved
Sir,
I (father) have prayed for custody of my child ( 5 year old son), but opposite party is not appearing before court. She is living in adulterous life, her mother is complaining before police the she admitted that married again.

Will the court pass ex-party order ?
If ex-party order is passed, will police hand over my child to me ?

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kavksatyanarayana (Expert) 26 March 2022
No. Here not about the punishment of wife. Court may grant visitation rights of your son.

SHIRISH PAWAR, 7738990900 (Expert) 27 March 2022
Hello,

Police will hand over child if court passes the order. In your case court may not pass order for child custody. You may get visitation right from court.

Dr J C Vashista (Expert) 28 March 2022
Police has no role to play in handing over custody of the child until there is specific directions by the court, however, generally court do not pass such orders.

P. Venu (Expert) 28 March 2022
Court can give ex-parte direction if the other party willfully abstains. As the child is too young, father would be granted custody only in highly exceptional circumstances.

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