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Pavan Sandur (Management Professional)     01 August 2012

Child custody issues

Ld Friends,

Back Ground:-

RCR and IA for child custody (Husband is petitioner) in DEC 2009.

498a/323/341/504/506/34 and DPA cases by wife in DEC 2010, through lawyer to magistrate, FIR in JAN 2011.Regular bail in Feb 2011.

RCR and IA for child custody due for arguements on 10 Aug. Multiple requests for seeing child declined by court, allowed to perform son's birthday (10th ) once. 

 498a/323/341/504/506/34 and DPA cases- no specific date or time for cause of action. No documentry proof produced by prosecution for alleged injuries sustained. No specific date or place or time givn during cross of wife.Wife accepts that child custody case instigated her to put 498a case on husband. Accused 3 is out of country since 2003.

Wife does not work, dependent on her brother, child is with mother. 

BOTH RCR/IA AND 498a CASES ARE BEING HEARD BY THE SAME JUDGE (RIGHT FROM DAY ONE).

Question 1) What are the chances of getting physical custody of child?

Question 2) Will court accept request for psychiatric evaluation of child to acertain brain washing by wife and family?

Question 3) Has any court in Karnataka accepted "Child Access and Custody" as envisaged/approved by Bombay HC, are there any such judgements incorporating this by karnataka HC or  SC?

Any help with this will be much appreciated.

Thanks in advance.



Learning

 2 Replies

Tajobsindia (Senior Partner )     02 August 2012

 

 

Originally posted by : FVUACNKI

 

What are the chances of getting physical custody of child?
Take: If you can show best interest / welfare of child is in best interest in your side then custody may go to you.

Will court accept request for psychiatric evaluation of child to acertain brain washing by wife and family?
Take: Yes if it is in best interest of child. 

Has any court in Karnataka accepted "Child Access and Custody" as envisaged / approved by
Bombay HC, are there any such judgements incorporating this by karnataka HC or  SC?
Take: yeas there are but, create precedent why depend upon citations as each case facts are different. 

 

 

 

Pavan Sandur (Management Professional)     02 August 2012

Thanks!

one last question.

As mentioned above, I have an IA for full custody of child along with RCR, in this situation don't judges entertain requests for access to child during the progress of the case? How is that going to affect final judgement for full custody(physical)?


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