Custody case
pleasehelp
(Querist) 09 January 2015
This query is : Resolved
My wife has been involved in an extra-marital affair with one of her ex-colleague since last 5 years. She has left her matrimonial house along with my son (at present 3.5 years old) almost 2 years back. Since then my wife has been living-in a rented apartment (rented agreement signed in the name of my wife) with her paramour along with my son and her mother.
I filed a suit for interim custody and permanent custody both more than 1.5 years back. Initially my wife took 5 months to submit her objection to my custody claim (her lawyer on successive 3 occasions asked for extension of date for submission of objection and my lawyer hardly objected resulting in learned judge granting a new date). Upon submission of objection from my wife, learned judge issued an order on temporary visitation which was followed by submission of different kinds of evidences by my lawyer on next few dates. Then the learned judge got transferred to another court. Since then no judge has been appointed in the court in question resulting in no further headway.
Can I request experts to suggest me regarding my queries?
1. How can I resume and expedite the legal procedure?
2. Is there any plausibility of permanent custody in my favour? If it exists, what should I do to ensure the same?
3. Can I delay the proceeding until my son becomes 5 years old as till 5 years mother is the natural guardian of a child? If I can, how should I slow down the pace?
4. What are the conditions/parameters/criteria of granting permanent custody to father?
5. Considering my case (as detailed above) which of those conditions will be best suited to me?
6. What is evidence will be considered foolproof to prove adultery of my wife?
7. What evidence will be treated as foolproof to prove the fact my wife has been living-in a rented apartment with her paramour (I know rented agreement has been signed in the name of my wife as tenant)?
8. Can you please share judgements favouring father for final custody of child while mother is engaged in an extra-marital relationship?
Nadeem Qureshi
(Expert) 09 January 2015
Dear Querist
My opinion on your queries are as under:
1. How can I resume and expedite the legal procedure?
Opinion: File an application before Principle Judge Family Court regarding the issue and expedite the case.
2. Is there any plausibility of permanent custody in my favour? If it exists, what should I do to ensure the same?
Opinion: Its depend on your petition and evidence.
3. Can I delay the proceeding until my son becomes 5 years old as till 5 years mother is the natural guardian of a child? If I can, how should I slow down the pace?
Opinion: it may be possible.
4. What are the conditions/parameters/criteria of granting permanent custody to father?
Opinion: Contact a lawyer personally or read the books or judgements of HC & SC.
5. Considering my case (as detailed above) which of those conditions will be best suited to me?
Opinion: If you proved before the court that your wife has extra marital affair then the custody may be provided to you.
6. What is evidence will be considered foolproof to prove adultery of my wife?
Opinion: photographs, chatting, audio and vedio recordings.
7. What evidence will be treated as foolproof to prove the fact my wife has been living-in a rented apartment with her paramour (I know rented agreement has been signed in the name of my wife as tenant)?
As above
8. Can you please share judgements favouring father for final custody of child while mother is engaged in an extra-marital relationship?
Sorry for the judgements, you should search through google, judic.nic.in, nadeemqureshi1.wordpress.com
DEFENSE ADVOCATE.-firmaction@g
(Expert) 09 January 2015
In most of the cases for custody people engage advocates who had never handled such cases and hence miserably fail.
You can seek custody only under various marriage laws if there are on going cases under any of them between the parties.
But in most of the cases G W act is invoked which is not at all related and proper procedure as laid down is rarely even understood.
Dr J C Vashista
(Expert) 15 January 2015
What does your lawyer opine in all the above queries? Do you intend to cross-check him?
Why are you dissatisfied with your lawyer and posted this query on this platform?
Have faith in your counsel. If dissatisfied, change your lawyer.
