Custody of child
letsfight
(Querist) 18 July 2016
This query is : Resolved
Hi Experts,
Wife has filed Divorce case, and is sent for mediation. Till now I have not filed reply for divorce. I have a 3 years old daughter and my wife and in-laws are not allowing me to see my child. I am planning for filing Custody under GWA act.
But along with GWA custody Can I file interim application under Divorce case asking for interim custody and Visitation rights? As I suspect opponent will try to linger on the custody case, so if I can file an interim application in divorce will that be helpful.
Please provide your advice.
Thanks
sukanya (Joyce)
(Expert) 18 July 2016
sir,
all ready your wife has filed divorce case against you & also you mentioned your case is referred to mediation, so better take a consent divorce by filing application under specified section , divorce matter will be solved.
and coming to the point of Child custody in mediation put forth the condition for child visit n welfr of child if any, as child is below 5 years. so filing new case for child custody at present may not be required look the circumstances n proceed with case. in mediation vast matters can be included, to avoid multiple litigations.
sukanya (Joyce)
(Expert) 18 July 2016
up to 5 years child must be in the care n custody of mother. and child is a daughter, so consideration will be given to mother. better attempt Guardian n wards act looking at proceedings n circumstances.
letsfight
(Querist) 19 July 2016
Hi Sukanya,
Thanks for your response, I am not able to meet my daughter for last two years, even the gifts which I sent or the Money order that I sent for the child is also returned. They are completely trying to separate me from my child. In fact that they even changed the name of my child, which I had choosen.So I want to file an application in Divorce itself while the mediation is going on, so that the process doesn't get delayed. And as per my understanding since it would be an interim application in the main, till this is resolved main cant be heard that way she cant avoid the child issue. That is my thought.
Rajendra K Goyal
(Expert) 19 July 2016
You can file case for custody and visitation f the child, discuss with your lawyer.
