Access to granddaughter by grandparents after divorce of her parents & when parents are living
vasantlal D. patel
(Querist) 31 October 2012
This query is : Resolved
Please help me to file a Petition in Family Court & the Parents of Granddaughter is living separately. The Grand Daughter is with Mother.
Please let me know the Section/Rules & act under which I file this Petition in the Family Court or in Which court I have to file this Petition ( High Court )
An early reply will be highly appreciated
Thanking you
V D Patel
ajay sethi
(Expert) 31 October 2012
you need to contact a local lawyer for said purpose .
Devajyoti Barman
(Expert) 31 October 2012
The query is not clear to me.
If you want maintenance for the child or her mother then maintenance case u/s 125 crpc or u/s 12 of PWDV Act is needed to be filed for which you need help of an advocate.
The case is to be filed in the lower court and not in the high court.
Ms.Nirmala P.Rao
(Expert) 31 October 2012
Dear Client,
You can advise your daughter and her paternal grand mother that if the grand daughter is of 10 or more years and have attained certain maturity in mind, the Family Court would ask your daughter's opinion or interest in being with her grandmother or if she wants to live with her Mother. In case she opts for the former, she would be allowed to live with her grandmother, as the child's welfare is the paramount consideration for giving custody or guardianship under law. If the grand daughter is of only 5 or less years in age, then thew child's custody would go to her natural mother.
Ms.Nirmala P.Rao
Legal Expert
vasantlal D. patel
(Querist) 01 November 2012
Date 01.11.12
I am very much thankful to Ms Nirmala P Rao
for her Valuable Guidance.
Many Many thanks to her.
Will be happy if she gives the Sec. & Act under which the Petition can be filed
Regards
Vasantlal D Patel
