Children custody
Guest
(Querist) 12 April 2014
This query is : Resolved
My wife having Schizophrenia paranoid confirmed by two doctors and she is not staying with us last 3 years and filed a case for maintenance. On that ground I also filed a case for divorce and guardianship for my both 15 years old daughter and 10 years old son. Last year she taken away my children from my house in Valsad,Gujarat,India, when i was not in the house and lodged a false allegation against me along with children. Now I am worrying about the future of my children. Since the matter is in the court police not taking any action to get back my children. My daughter also have anxious depression confirmed last year that i am more worrying and want to treat my daughter before it become serious like my wife. I want to separate my children as advised by doctor and put them in a hostel, but school authorities refused to give Transfer certificate to me and saying your children not interested to stay with you so the court will decide. My wife's relatives are hiding her mental disorder problem to avoid bad name comes to the family and looking for a chance to grab money from me with out thinking my children future. What can I do to get back my children ? If my minor children are not interested to stay with me what the court will do? Whether hand over the children to my mental disorder wife ? How the court will decide ? Can i take back my children forcefully? Please advise and help me to get back my children in any way. To whom i contact to ensure a bright future of my child. ?
Devajyoti Barman
(Expert) 12 April 2014
You should have filed kidnapping case earlier to get speedy relief. Custody case does take time and relief is not readily available.
Try to expedite the case. if possible go to high court and apply for direction on trial court for time bound disposal of the custody case.
Advocate Ravinder
(Expert) 12 April 2014
You have to pay maintenance to your wife and children, you cannot escape from your obligation. Regarding to the custody of children, you can file a petition before the Family court and you have to convince the court that there is no guarantee of welfare of your children in the hands of your wife (since she is suffering with some mental problem) and there is every good possibility that there welfare will be good in your custody. At the same time, the court takes into consideration of the willing of being with you or your wife. The court puts your children in the witness box and asks them with whom do you want to live. Depending upon their will, your fate depends upon their statement in the court. Apart from that, if the court thinks that your children welfare can be good and safe with some other third party (any relative or non relative) it can surrender your children to him/her with whom the children are ready to live. If you have any doubts please contact ravinder2345@gmail.com or 7893011777.
ajay sethi
(Expert) 12 April 2014
agree with experts
Guest
(Expert) 12 April 2014
Advised appropriately.
R.S.BANERJEE
(Expert) 12 April 2014
You shall focus on the point of 'future' of the child in court and also focus that you can 'better treat' them. The process is long. In between these days your child will suffer. You shall contact a lawyer for some alternative and speedy remedy, like criminal cases; and after hearing your exact case, i think a speedy recovery can be planned.
Guest
(Querist) 16 March 2016
Dear Sir,
My wife having mental disorder problem called Physopironia paranoid-because of that she left my children alone and run away from house seven times without knowing to anybody. Lastly she went April 2011 and not return till date. I believe now she is in my native place in Tamil Nadu.
In June 2012,I filed a divorce petition as well as Guardianship petition requesting the court to declare me as the real guardian for my children-Daughter 14 years and son 10 years -in the court of Valsad ,Gujarat.
In Oct 2013, when I went outside duty, she came to Valsad and contacted one of the school teacher and forcefully taken away my both children by forcing my daughter to make wrong allegation against me with the help of school teacher and applied for interim maintenance in Valsad court.
In 2016 the court called the doctor from Tamil nadu who treated my wife and confirmed her mental disorder problem (Genetic disorder –her brother also have abnormal behavior). The court ordered to pay the interim maintenance and granted divorce decree in Feb 2016.
But the Guardian ship petition is still pending in the court, since she taken away my children when I was not in the house, now the children are not with me.
In native place my wife and her family hiding her disease and telling wrong allegation against me, also brainwashing/ not allowing my children to contact / talk with me. She also instructed the school authorities, not allow me to contact the children in the school. Last year I went to see my children in the school the school authorities refused me said that your daughter, gave a letter to the school saying that, she is not interested to see me, so we cannot allow you to talk to your daughter.
Lastly Anyway I want to get back my children also ensure to prevent the disease to affect my children and help them for their bright future.
Kindly advise how can I get back my children as soon as possible (through court or any organization etc..
Thanks,
N Vinayagam
Mob 7060551169
