Custody of my daughter-how to proceed further
Sayeed Nazir
(Querist) 04 July 2013
This query is : Resolved
Dear All, I have won 2 seperate cases 1. I have oppointed as Guardian to my daughter, 2. custody of my 8 years old daughter ordered to me. These 2 cases were made Ex-Parte and the orders are passed in my case as i appeared party in person, now i filed a petition in Judicial Magistrate court to issue warrant against my daughter(ward) to have her in my custody on the basis in Guardian and wards act under section 25, to issue arrest warrant against the ward and handover the child to me, for which the judicial magistrate rejected and returned my petition to file the petition in the proper court as he does not have any power to issue warrant....then i filed the same petition in additional district judge where the same was again returned stating to file as EP-Execution Petition, which is again a process, my wife is having 2 cheques bounce cases upon her where the finance given people have warrant against her in various 2 courts. She keeps on changing her residence and my daughter is in custody of my wife big sister where they are big powerful people in the area, I too was beat and severely injured when i treid to meet my daughter in a later stage and i have also filed a fir in the police station which the case is pending. Now how shall i proceed further,iam bitterly confused, furtherly..............
As per the Guardian and Wards Act ., Under Chapter III, Section 25,
(1) “if a ward leaves or is removed from the custody of a guardian of his person, the Court, if it is of opinion that it will be for the welfare of the ward to return to the custody of his guardian, may make an order for his return and for the purpose of enforcing the order may cause the ward to be arrested and to be delivered into the custody of the guardian.
For the purpose of arresting the ward, the Court may exercise the power conferred on a Magistrate of the first class by section 100 of the Code of Criminal Procedure, 1882 (10 of 1882).”
Even if i take police and get my daughter surrender before the court, will the custody will be given to me or it will go as per my daughter version, or else any other way...........
I humbly request you all to let me know the next procedure how to get custody of my daughter.
Adv Archana Deshmukh
(Expert) 04 July 2013
File the EP in the district court, get the warrant issued and you will get the custody of your daughter thru the police.
Raj Kumar Makkad
(Expert) 04 July 2013
As the order of the court is already in your favour, you need to file only executive petition before the same court whic shall exercise all powers vested in it to get the judgment executed.
So far address is concerned, her location by way of phone tapping can be got made through police on the direction of the court.
Devajyoti Barman
(Expert) 04 July 2013
Yes.
However for better result file petition for contempt of court in the high court.
