Child custody from a mother on the move with my 2 year child

Querist : Anonymous (Querist) 19 November 2020 This query is : Resolved
Hi Team,

My wife eloped with her paramour and our 2 year old child. A missing complaint was filed by her father and later the local police release my wife and paramour, as she left at her own will and was staying in some hostel suggested by police, as she did not intend to stay neither with her parents nor with her paramour parents.
As I filed for child custody suite and a summon was sent at her parents house, but they said, she was not living with them.

Now I am not sure, what else can I do to get the custody of my 2 year old child, as the mother keeps changing her addresses.

Experts, Please advise.
Karan

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Isaac Gabriel (Expert) 20 November 2020
Lodge complaint with the police about the theft of your child. The npolice would trace it by the way necessary.

Guest (Expert) 20 November 2020
Presently Adultery will not be an Criminal Offence as per Supreme Court Orders and it could be an Legally Valid Ground for Divorce

Guest (Expert) 20 November 2020
As advised by Mr.Isaac No Theft Complaint would be possible or entertained at this stage when she is in Hostel as per the Directions of Police

Guest (Expert) 20 November 2020
Mothers only would have the Child and you have to pay Maintenance to the Child and you could also claim Visiting Rights in Court

Guest (Expert) 20 November 2020
No Theft or Tracing is involved as advised by Learned Brother Advocate Mr.Isaac Gabriel

P. Venu (Expert) 20 November 2020
In the given circumstances, the mother is not entitled for the custody of the child. The welfare of the child requires that it should be with the father. The father can approach the High Court in a Writ of Habeas Corpus.

Guest (Expert) 20 November 2020
Mr.P.Venu Could you Legally Justify your Statement that " In the given Circumstances Mother is not entitled for the custody of the child " if at all you find any Legal Justification in your Statement.

Guest (Expert) 20 November 2020
The Honorable Supreme Court of India had reiterated time and again in the proceedings of custody of minor the welfare of the child is the only consideration irrespective of the claims of the parents to the custody.

Guest (Expert) 20 November 2020
No one could ever Love a Child like the way the Mother Loves

Guest (Expert) 20 November 2020
There is Nothing as Powerful than Mother's Love

P. Venu (Expert) 20 November 2020
None of the participants in this platform owe any explanation to Mr.Raj Kumar. Admittedly, he is a legal expert of eminence. He ought to be in the know of the settled legal position in this context or he has the acumen to find out by research.

Certainly, I will try my level best to provide further suggestion/clarification as and when sought by the author.

Guest (Expert) 20 November 2020
Mr.P.Venu the Retired Govt Officer. Better you only speak about your self. When you have No Legal Justification to Prove and Confirm your own in experienced statement why are you joining others with you as none should clarify. Remember this is an Open Forum and not the Place to expose and exhibit your inexperienced illegal statement of advise. First visit the Court and watch the court proceedings and try to get atleast some Legal Knowledge

Guest (Expert) 20 November 2020
Now Mr P.Venu Justify your Statement Posted earlier in this Thread

R.K Nanda (Expert) 20 November 2020
You can't take custody of child till he attains age of 5 years because only mother can take care of child in best possible manner .

Guest (Expert) 20 November 2020
Refer the Supreme Court's Judgement Pronounced on November 22 2006 by Two Judges Bench headed by Justice A R Lakshmanan setting aside the Judgement of Kerela High Court . The order said " We are of the opinion that remarriage of the mother can not be taken as a ground for not granting the custody of the Child to the Mother. The Paramount Consideration should be given to the welfare of the child".. Though the father would be natural guardian of the minor after 6 years The Supreme Court also had clarified it is deciding the Custody Issue of an 12 year old boy in favor of the Mother who had married another man at the time of dispute.

SHIRISH PAWAR, 7738990900 (Expert) 20 November 2020
Hello,

Custody of the child is not possible. You can file an application for visitation rights.

P. Venu (Expert) 20 November 2020
It is highly disturbing that Mr. Raj Kumar has once again donned the mantle of super boss of the participants in this platform. It is high-time that we took a common stand against his unhealthy practice. He has already inflicted considerable harm and injury by compelling many experts in discontinuing their participation. If the LCI administration is really helpless we should gracefully withdraw from this platform. This disgusting state of affairs cannot go on for ever just because of our silence.

kavksatyanarayana (Expert) 20 November 2020
Mother is the custodian of the child and hence you may file an application in the court concerned for visitation rights.

Querist : Anonymous (Querist) 20 November 2020
Hi All, The problem is, how do I get the mother attend the Child custody case in court.

P. Venu (Expert) 21 November 2020
As already suggested, you need to approach the High Court in a Writ of Habeas Corpus.

Guest (Expert) 21 November 2020
Mr.P.Venu Retired Govt Officer Could you Explain how the Habeas Corpus could be applied in this Issue please. The Child in Mother's Custody is not Crime or Illegal.

Guest (Expert) 21 November 2020
As per the advise and instructions Of Police the Mother and Child are presently staying in Home which the Author/ Husband is Aware /Stated very well.

Guest (Expert) 21 November 2020
Habeas Corpus literally means " Produce the Body "

Guest (Expert) 21 November 2020
Habeas Corpus will not be applicable in every situation.. It is necessary only to file a Civil Petition instead of Habeas Corpus as Wrongly suggested by an Retired Govt Officer.(for their benefit " All India Organisation of Pensioners " Adhara Junction , Vellayambalam P.O. Sasthamangalam --Trivandrum 695010-- Kerela Please )

Guest (Expert) 21 November 2020
Honorable Supreme Court had already Condemned the Unlawful and Misuse of Habeas Corpus

Guest (Expert) 21 November 2020
Child in Mother's Custody will not be considered as Illegal Custody to apply Habeas Corpus

Guest (Expert) 21 November 2020
Refer the Madras High Court Judgement pronounced by Bench of Honorable Justice Jagadisan and Justice Srinivasan in the Case of P.Ramakrishna Sastry VS C.T.S Ranganayakulu on 12th October 1961

Guest (Expert) 21 November 2020
( once in High Court an Senior Advocate Presented an citation which was very old as above and Judge commented the Citation is Good but very Old and the Reply of the Senior was " Ofcourse the High Court Building is also very old but very strong " )

Querist : Anonymous (Querist) 21 November 2020
hi All, Both and mother and child are no longer staying in their maternal home. Hence the difficulty in serving a summon.

Guest (Expert) 21 November 2020
Already you had posted in your Query it self that your wife was not willing to stay with her parents and the Police had advised her to stay at Hostel. You could inform the Concerned Court that the Summons were not served and Plead the Court to Permit the Notice in concerned Local News Papers and the Court would agree. Discuss with your Advocate

Rajendra K Goyal (Expert) 21 November 2020
Provide present address of mother to court for issuing summons.