No evidence means
Vedanta shah
(Querist) 16 March 2016
This query is : Resolved
hi
one of my friend has given cross in the court and when the respondent(his wife) cross came . she never appeared and the judge orders no evidence for his wife. Now the final argument are starting would it be helpful to win the case for my friend if no evidence is done. the case is only for judical seperation and child custody.
Also i know the family court not allows the child custody however few of lawyers says there is chance in such cases where negligence is done againt child and family court can order child custody too. but i really do not know which law is applicable in this.
also if i can know any online material available for sc/hc hearing for child custody.
thanks
Niraj
rajagopal.s
(Expert) 17 March 2016
Hi
No evidence means the wife has not appeared in the court and did not provide any evidence. if wife had complained against the husband, husband will win the case.
Child custody is granted by the courts provided there is substantial claim made by the father (for example negligence, ill health , deserting, etc). your lawyer should be able to help
Rajendra K Goyal
(Expert) 18 March 2016
It may be helpful for the husband, however, full case has tom be referred for any concrete advice.
Vedanta shah
(Querist) 25 March 2016
Thanks Rajagopal sir and Rajedra sir. One thing wanted to know , my friend is petrioner and complained against her and he has given evidences in court but what ever his wife has claimed and said in WS is not been proved as no evidence is given in court for that.
Also the child has been deserted for 2 years with ill health and his wife kept the kid of 1 year to her maid and her mother.
Is this good enough reason for child custody?
