Getting guardian of my son
Selva Priya
(Querist) 28 March 2015
This query is : Resolved
I got married in 2003... My marriage was not registered.In 2005, my son Santosh was born. I was the only person to earn for my family.My husband did not go properly to work and stayed home. disputes started regarding income to the family.I was forced to work harder for nearly 15 hours per day to run my family and child. he stayed in home and became close to my son. Since i stayed all the day and late night at work and at home continuing my duties also.. i couldn't spend much time for my son. but i worked hard only for him to be happy.. This made a small disappointment for my son with me.Later, when i forced him to go to work.. he demanded my property to be changed to his name.I refused and he stabbed me many times to death and finally a day he tried to kill me if i did not transfer the properties to him.I had no way and i informed my parents about him and they came and saved me that day and i went to my parents home with my son. later after 6 months, my husband went to my son's school in 2010 April 8th.. the last day of his academis year and kidnapped my son without my knowledge and he got upstanded with my son for a month.. Later, we found out that he only took my son, but before that he applied for guardianship of my son in court.the case is still in court and he did not attend the case for these 4 years. the case was dismissed before 6 months and he again renewed the case now.I can feel no improvement in my case and i entirely worried about this. Can i get my sonback? I am living only for him. he is the only hope for my life.wat can i do as d next step to get my son back? Pl help me
SAINATH DEVALLA
(Expert) 28 March 2015
I presume UR responsible for the behaviour of UR husband, U have permitted him to be lethargic towards work.Repenting now is too late.But how is he eking out his living with no work? UR son is 10 yrs old.If UR son decides to come back to U, his father cannot stop him.
Becoming the legal guardian of a sibling is never an easy task. In addition to being stressful emotionally and possibly financially, legality is often an issue. Guardianship of a minor or vulnerable adult can be granted to siblings, but the process may involve more work than gaining custody of one's child.
Dr J C Vashista
(Expert) 29 March 2015
File a writ of habeas corpus in High Court if the child is still with his father, maintain custody of your son and disallow him to meet his father (your husband) till court directions.
M/s. Y-not legal services
(Expert) 29 March 2015
Yes. File a writ of habeas corpus before your high court.. In addition as a father he has right to see your son.
ajay sethi
(Expert) 29 March 2015
agree with experts
T. Kalaiselvan, Advocate
(Expert) 02 April 2015
Now since the child is as old as 15 years, the child will be given an option to give his choice of living with either of the parent, since the case is in the court, you have to go by the court's decision.
