child custody
Querist :
Anonymous
(Querist) 28 November 2010
This query is : Resolved
in male child custody matter child is now two years old father has demanded custody of child. for last four session wife did not produced her reply say on such now the court has took the matter on order, my lawyer said its will be difficult to win the child custody even the wife had not filed reply it may happen that the court may grant maximum visitation but will not order the custody of child to father as the child is only two years old.
question is
1. if the court will order ex party custody to father will the wife has right to appeal even she had not filed reply of fist court?
2. if the court grants only visitation is the husband is have right to appeal to upper court for custody of child as wife not filed her reply at first stage?
3. if either visitation or custody or both will be denied then what action is possible against such order are available to both the parties?
Devajyoti Barman
(Expert) 28 November 2010
1. Yes but with explanation only.
2. No, the judgement on custody is to be given by the trial court where the case is pending.
3. To challenge the orders in the High Court.
