LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Justice (PA)     10 June 2013

Child custody

Hi Sir/Madam,

 

I am from Karnataka. I am asking for my sister family issue. I married her to a guy and she got 2 boy babies. Elder is 2 Years and 8 Months and younger is just 7 months baby. My sister wanted to get family operation since two kids were anough since she already got comlication for the second baby. She asked her husband that she wanted to get family planning operation but he denied. He dint give respect to her request. She was clear that only two babies are enough for her. She forced me and my mom to get her do family planning operation and we did. She was n my house with both kids. 

Her husband 5 months ago who is Tamilnadu somehow cheated us and took the elder baby who is just 2 Yrs and 8 months saying he will keep for one week with him and get back the kid. But its almost 5 months now he has not even allowed the kid to speak to his mother (My sister). He is telling he doesnt require my sister and the younger kid anymore. We tried to everything but he is still fighting for no reason.

Can you please help us how we can get her elder baby back to her legally. She is ready to divorve him also since he is a drunkard and not a good person to live with. At this time we need to get her baby back to her as she is crying since 5 months to have a glimpse of her kid.



Learning

 3 Replies

Adv Archana Deshmukh (Practicing Advocate)     11 June 2013

@ Justice,

Ask your sister to file a petition under Guardians and Wards Act in the court to get the custody of the the elder kid. As the kid is just 2.8 years old and her husband is a drunkard then she should easily get the custody. Her husband would get visitation rights.

During the hearing of such petitions also the court does councelling to the husband and wife, so try and see if the differences can be resolved and the family is saved so that the kids wud get their father and mother under the same roof. 

Justice (PA)     11 June 2013

@need justice- I dint say that father dont have right i am saying sister also has right on baby. He dint allow my sister to see the baby or talk to him. So he thinks only he has right on the baby? Regarding family planning she already gone through 3 obortions and i do not wanted her to take further more risks.

stanley (Freedom)     11 June 2013

@ Justice 

When the grapes Our sour the father is not a nice person , all of a sudden he becomes Drunkard ,when there is no agreement on family planning than divorce crops in :D First try to settle things amicablly rather than making small issues big . When all other options fail than Your sister can see the kids in the absence of any injunction or in the absence of any court order being granted to either of you . And as suggested by Archana she should file a petition for custody under Gaurdians and wards Acts .. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register