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Simhan (manager)     14 August 2017

Child custody case

Experts,

Daughter (15) and son(13) with me,   and studying. wife desserted them 4 years back and filed child custody case.  My cross examination was over in the court and recorded.   I want to file proof affidavit of my daughter and son in the court so that they can express their willingness in the court before judge  to continue stay with me.

I have a doubt whether the proof affidavit of minor  can be filed directly or we have to obtain permission from the court first   for filing minor's proof affidavit.

If they are crossed by the oponnent advocate and they refuse the charges made by the wife againts me, whether the judge allow the custody to me itself?

Please clarify.

Reg,

Simhan

 

 

 



Learning

 11 Replies

Siddharth Srivastava (Advocate)     14 August 2017

Minors can not be witness nor they can file affidavit in this regard. You can request to court or even court can ask children about their willingness in this regard.

Simhan (manager)     14 August 2017

Thanks for your reply children's are not willing to go the mother they are sufficiently aged also if I file an application asking the court to examine their willingness will the court oblige? For the same. Whether their statements will be given weightage Kindly clarify

Simhan (manager)     14 August 2017

Thanks for your reply children's are not willing to go the mother they are sufficiently aged also if I file an application asking the court to examine their willingness will the court oblige? For the same. Whether their statements will be given weightage Kindly clarify

Simhan (manager)     14 August 2017

Thanks for your reply children's are not willing to go the mother they are sufficiently aged also if I file an application asking the court to examine their willingness will the court oblige? For the same. Whether their statements will be given weightage Kindly clarify

Simhan (manager)     14 August 2017

Thanks for your reply children's are not willing to go the mother they are sufficiently aged also if I file an application asking the court to examine their willingness will the court oblige? For the same. Whether their statements will be given weightage Kindly clarify

Simhan (manager)     14 August 2017

Thanks for your reply children's are not willing to go the mother they are sufficiently aged also if I file an application asking the court to examine their willingness will the court oblige? For the same. Whether their statements will be given weightage Kindly clarify

Simhan (manager)     14 August 2017

Thanks for your reply children's are not willing to go the mother they are sufficiently aged also if I file an application asking the court to examine their willingness will the court oblige? For the same. Whether their statements will be given weightage Kindly clarify

Simhan (manager)     14 August 2017

Thanks for your reply children's are not willing to go the mother they are sufficiently aged also if I file an application asking the court to examine their willingness will the court oblige? For the same. Whether their statements will be given weightage Kindly clarify

Siddharth Srivastava (Advocate)     14 August 2017

Willingness of children will play a vital role and weightage. No application is required to be filed as court itself shall ask children before passing any order to their custody.

Simhan (manager)     14 August 2017

Thank-you sir,

Adv Radhika Mehta (Advocate)     15 August 2017

Since both the children are both of a considerable age, the Court itself may seek their opinion and the same shall carry considerable weightage.  Also the fact that since the last 4 years the children have been with you shall also greatly help your case. 


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