guardian wards act
sanjay kumar patibandla
(Querist) 29 September 2009
This query is : Resolved
one child by name divya born to mr. mrs. venkatesh family. After the birth of divya mr. Venkatesh handed over divya to one Mr. Sreeramulu and family, who are not having children and requested Mr. Sreeramulu to return his daughtor Divya after Sreeramulu blessed with child. Accordingly Divya is with Mr. Sreeramulu and family. Now Mr. Sreeramulu also blessed with one child.
Now Mr. Venkatesh wants to take back his daughter. No adoption. But Mr. Sreeramulu is refusing to give custody of Divya.
I filed petition under guardian wards Act. But the court returned the petition by questioning the maintainability of the petition.
Please know me the correct procedure along with citations.
joyce
(Expert) 29 September 2009
Did the Child handed over to mr Shreramalu by way of adoption-deed by mr venkatesh?
then cancellation of deed is not possible till the child gets major, If no deed done, then in gaurdian and wards act case for maintainability geniune cause for taking the childs custody is to be conveyed in pleadings as well as in arguments on maintanibilty applctn.
Guest
(Expert) 30 September 2009
First telll us on what grounds, the court raised the question of maintainability.
My suggestion is you have to file a suit under Section 6 of Hindu Minority & Guardianship Act, 1956 making Mr. & Mrs. Venkatesh as Plaintiffs and Mr & Mrs. Sree Ramalu as defendants No.1 & 2 putting the facts very clearly, so that plaintiffs being the natural guardians of the child, they are entitled to have custody of the child.
The second method is serve a legal notice and give a police complaint and file haebeas petition (writ petition) in High Court under Article 226 making police department and Mr. & Mrs. Sree Ramalu as respondents.
Raj Kumar Makkad
(Expert) 30 September 2009
If petition has been dismissed on the ground of non-maintainability, better to file its appeal before the appellate court rather availing all other newer platforms or action as suggested.
sanjay kumar patibandla
(Querist) 30 September 2009
there was no adoption deed between two couples.
Court returned the matter by questining the maintanability of the petition under Guardian wards act.
Arul Kumar
(Expert) 06 October 2009
Pls follow the suggstions provided by Shri Prabhakar and Shri Raj Kumar logically.
