Possession of children after divorce
suresh
(Querist) 16 January 2015
This query is : Resolved
My daughter(hindu) married to a muslim,10 yrs ego and converted to grooms religion. After giving birth to 2 children, the guy pronounced talak and took the elder girl with him, leaving the younger girl in mother's care. Meanwhile he tortured and restricted her in the 4 walls of the house.
Since 3 and half yrs of separation, the case against each other in Delhi magistrate court, for the possession of the children. Younger one is now 4 yrs old. Since he is not paying any compensation for the child or mother, parents are bearing all the cost of her to stay in Delhi, just to attend the court hearing,shall we request the court to transfer the case to the native of the mother, so that we can spend the money for their betterment?
Devajyoti Barman
(Expert) 17 January 2015
You can apply in the high court to transfer the case to another city.
Rajendra K Goyal
(Expert) 17 January 2015
If the native of mother is in different state, SC orders has to be obtained for transfer of the case. For transfer in same state High Court orders required.
ajay sethi
(Expert) 17 January 2015
you will have to move Sc for transfer of case since mother is residing in another state
suresh
(Querist) 17 January 2015
Thank you all for your legal advice on the subject. Is it a long and expensive procedure to apply SC for transfer her case to another state? Can court provide free legal help on humanitarian ground? Please give us some amicable and satisfactory solution on this subject.
Regards,
T. Kalaiselvan, Advocate
(Expert) 19 January 2015
You can approach the legal services authority in the supreme court who will be able to guide and render you free legal service in this regard.
Dr J C Vashista
(Expert) 24 January 2015
@ Suresh,
Where does the mother reside? The case can be transferred by Delhi High Court if she is also residing in Delhi, otherwise by Supreme Court.
Approach Delhi Legal Services Authority, Patiala House Courts, New Delhi or the district court where case is pending or High Court of Delhi for free legal services to the lady.
