Custody of minor male child.
Avinash
(Querist) 18 December 2011
This query is : Resolved
Dear All,
I Have filed Case Against my Wife for Custody of my son as she is leading a Adulterous life and which has been Proved in the Court of Law.She is not bringing the child to Court even after directed by the Honorable Judge and not even filing the Objections.When she was informed to get the child and file objection for last hearing she did not appear and the honorable judge recorded Objections not filed. What actions can be taken to get my son custody. Please guide me.
Regards,
Avinash
V R SHROFF
(Expert) 18 December 2011
Avinash,
"Directed by Hon'ble Judge". Is it known to her? Did her Advocate filed ws?
If Yes,
Apply for Order in your favour,and once allowed, custody of son (if above 7 yrs age) will be yours. Go and grab it.
If No,
take steps.
Adv Shroff
18-12-2011
Raj Kumar Makkad
(Expert) 18 December 2011
None can be agree with Shroff in the light of the fact that she has appeared in the court and has not submitted her objections to the petition filed by her husband.
She can avail opportunity to file objections legally and if during the given period, she fails to do so then her defence shall be struck off and you shall have to lead your evidence accordingly and thereafter your case shall be head and decided. You can get its order executed.
Guest
(Expert) 18 December 2011
Agree with Shri Makkad.
Shonee Kapoor
(Expert) 18 December 2011
Proceed with striking off her defence.
If she has not brought the child to court despite the directions of the court, she can be penalized as well.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
PS: Child custody would be decided on the basis of welfare of the child concept. Adulterous wife is not a fit person for the child to grow with.
Avinash
(Querist) 18 December 2011
Many Thanks all of you for replaying my Query.
@ Mr. Shroff She is aware and her Advocate is also aware of that she should Produce my son to Court on next Hearing date and she has not filed Objections even after 5 hearings and on 6th Hearing she was Absconding and the Lawyer came and he was asked about the Respondent and he gave a word i don't know where is his Clint and the paper was kept aside.later after calling the same case number repeatedly with time interval of 2hrs their advocate was also absconding. Later Honorable Judge informed and took to records Objection not filed and ordered for argument from Petitioner. Will she get a chance to file now and can their be facility going for Interim Custody of child. Can a warrant be issued and directed to Police to take the Custody of child from mother and hand it over to Father with his Presence.
Avinash
(Querist) 18 December 2011
@ Mr. Kapoor
When she and her Paramour was caught red hand by me at my house. She went and filed 498A Against me and it is still not charged.I have filed 497 against her Paramour and in Divorce he is also been Summoned.When they were Terminated from their work as both were in same Company. Paramour called and abused me with un-parliamentary words and Confessed their Sexual relation and the same has been recorded by me.I also have their official e-Mail Chats which is also a good evidence. I want My son once for all he is my life now. Kindly share if any Citations are available for me to take the Custody.
Regards,
Avinash
V R SHROFF
(Expert) 18 December 2011
Avinash,
Your Advocate should Argue out, and under the circumstances, Judge will pass order in your favour.
Meanwhile you must search her whereabouts, and as soon as order is passed, immediately pick your son, take in your custody, and let her appeal or complaint if she want to. As you are a father being natural guardian, and it is also in compliance with Court Order, she will not be able to do much.
That’s what I stated “ Grab your son”
kusum gupta
(Expert) 19 December 2011
dear sir,
your case is required to be handled in a technolegal way onmerits otherwise you may get the dates only
kusum gupta advocate
08826805283
valentine thakkar
(Expert) 20 December 2011
Prove adultery. It's difficult. U have to come with evidence. Child's welfare lies with the mother first - whether having affair or not. Good advocate would argue out against it.
Shonee Kapoor
(Expert) 20 December 2011
Avinash,
Search www.indiankanoon.org for citations of relevant HC.
Now the judge has asked for arguments, that means it is proceeding ex-parte.
I agree with Mr. Shroff, pick up your child as soon as you get the order, let her challange it.
And don't worry adultery cases are also proven. It is how you put it in court
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
