Intream custody of minor child who is suffering from cerebral palsy
mahobatsinh dodia
(Querist) 10 July 2013
This query is : Resolved
sir my grand son who is suffering from cerebral palsy now his age is 6 years old and he is with her mother.we as father of child, grand father,grand mother have filed an application u/s 6 and 8 of HINDU MINORITY AND GUARDIAN WARDS ACt-1956 and u/s 12 and 15 of guardian wards act-1890 withe reasoning that she was living in small village and neuro physiotherapy is essential for long period.my daughter in law left matrimonial home without any reason.
after filing of petition my son was going abroad for further study abroad. trail court has rejected ex.6 by reasoning that minor is 2 years old.
now matter is pending before Gujarat high court.no any affirmative steps was taken with regards of treatment by daughter in law and with direction of Hon'ble high court she came at Ahmadabad and we have arrange separate rental home for her.she was stayed with her parents for 4 months and during the period treatment was going on but unfortunately her father was not ready to stray with her due to agricultural work hence file CA with prayer to go parental home which was allowed with direction to continue the treatment which is required.
now matter is pending for final hearing so may i know that in absence of husband can we get int ream custody of child for batter treatment.
in case of minor child only and only the paramount to consider the welfare and interest of child. lastly Hon'ble Supreme court delivered UN reported judgement ON 8TH MAY,2012 in case of SHALEEN KABRA VS SHIWANI KABRA wherein in PARA 17 observed for grand parents.
even there are several documentary evidence which shows that mother of child has taken care of child
in above circumstances pl be guide me
Raj Kumar Makkad
(Expert) 10 July 2013
You can definitely get the custody if the court decides accordingly. The consideration of treatment is the utmost need for that child and this is the only point which can favour you.
Devajyoti Barman
(Expert) 11 July 2013
Yes, you can claim for interim custody of the child. Highlight the decision you have mentioned here.
Rajendra K Goyal
(Expert) 11 July 2013
Agree with the experts, nothing more to add.
