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Raajeev Sampat. (Self employed.)     25 August 2013

Custody.

Please adivise.My wife had filed for divorce in which she has submitted her evidence also.I had filed for custody later but the court asked her to file her evidence in custody as well.She ia avoiding to do it since a year.Now the court has framed the issues and directed her again to file her custody evidence next month.My question is that suppose she comes again to court and asks for a date what will the court do because sufficient time has been given to her.My question is as per court procedure if she in unable to file evidence in my custody case what is the next step the court can take?



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 4 Replies

Have a Heart Foundation (Sales & Mktng)     25 August 2013

Kindly see that the following issues are framed in your Child Custody Petition.

 

(1) Whether the custodial parent has taken all reasonable steps to ensure that the children maintain a healthy relationship with their non-custodial parent.


(2) If the custodial parent has not taken all reasonable steps to ensure that the children maintain a healthy relationship with their non-custodial parent:


(i) has this failure to do so been deliberate; and

(ii) has custodial parent actively sought to undermine the children's relationship with their non-custodial parent ?


(3) whether the custodial parent has been agreeing / objecting to the child spending regular weekend overnight access with the non-custodial parent?


(4) can custody of the child be allowed to continue with the parent who is tutoring, brainwashing and defying access orders of the court in order to create child alienation.


Make an application to the court to struck off the defence of your wife for delaying proceedings and not filing the evidence.

Raajeev Sampat. (Self employed.)     25 August 2013

In the issues frames by the court they have only one question in the issues framed in my custody petition.It say's,

 

1)Is the petitioner entitled for the decree of custody of children as prayed for.

2)Is the petitioner entitled for any other relief,if so,then to what extent.

 

Where as in her divorce petiton,the questions are three.

 

1)Is the petitoner entitled for the decree of divorce?

2)Is the petitoner entitled for permanent alimoney as prayed for.

3)Is the petitoner entitled for any other relief,if so then to what extent.

 

Please enlighten what application has to be made to strke of her defence?

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 August 2013

contact a lawyer personally 

Have a Heart Foundation (Sales & Mktng)     25 August 2013

One can make an application for re-framing of issues / for framing additional issues under Order 14 rule 2 of CPC


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