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Ravi (ABC)     17 December 2013

Custody of daughter

Dear Experts,

I have 5 yrs 9 months daughter who is staying with her mother. Can I get her custody? I applied for visitation however no hearing since last year. 

Please suggest and help me how do I proceed.



Learning

 7 Replies

HIRAL THAKKAR (ADVOCATE )     17 December 2013

If there is no hearing, apply for expediated hearing in the matter.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     17 December 2013

Dear Querist

File an application u/s 151 of CPC for early hearing of the case.

India is great (Service)     19 December 2013

I am a defense person .Till Aug 2013 i was at Delhi, now posted out and presently at Coimbatore.

My wife moved to Kolkata from Delhi on oct 2012 to appear for some govt job exam and never came back due some suspicious reason. My repeated attempt to bring her back to Delhi was failed. I smelled something wrong. then finding no other alternatives i filled RCR at patiyala house court on 04 mar 2013 and informed my wife about so and as a counter blast she sent a complaint letter to my office (Indian Air Force-Delhi) filled false 498a at Kolkata on 13 mar 2013.

On 14 jul 13 she moved 125 crPC at kolkata.

 I was very much attached to my daughter who attained 03 years of age on 31 Oct 13. Since oct 2012 I am living without her which is very painful. one month back i went to Kolkata and somehow managed to find her play school and met her for a small but very memorable period and she could recognize me as father. The very next day I was told by school authority not to meet the child in & around  school premises  as mother has given written as not to allow the father to meet the child inside the school.

 

Then I met   my advocate for applying visitation right but he said it will be very difficult for me as i stay around 2500 kms away  from Kolkata and comes on leave to Kolkata in irregular intervals. I am very upset. Please guide me

Have a Heart Foundation (Sales & Mktng)     22 December 2013

@victim_276_DELHI : 

 

File for child custody under guardians and wards act.

File for Interim Child Visitation Rights at Kolkatta and also pray for 50% Access during All School Vacations.

Other Option:

Find a Posting Or Job at Kolkatta and file for custody.

There are few fathers who for the sake of their child and in order to avail visitation / custody have relocated themselves in the local jurisdiction of the child.

 

 

India is great (Service)     22 December 2013

@Suresh A

Thanks for your valuable guidance. i further request other members to advice me in this regard. actually it is very difficult to live without my little baby. and most importantly the child is the biggest sufferer  due to this non sense ( false 498A). the child is used as a pawn in this dirty game and the development of my child is seriously threatened as father plays a crucial role in the upbringing of a child.

i have done absolutely no wrong to my wife, rather provide her a good quality of life . toured along with her to various tourist places( even to holi Amarnath cave in kashmir). but      bad influence of my Mother-in-law spoiled every thing. as time passes   gradually i am loosing all hope for a positive response  from my wife. however my primary aim is to provide a good platform so that my child can grow in a positive environment. for that my access to the child is very much required. as she is only 3 yrs old now and if i not able to communicate with her than she may never recognise me as a father in coming future. 

please advice

Have a Heart Foundation (Sales & Mktng)     22 December 2013

Download "Child Access & Custody Guidelines" approved by Hon. Bombay High Court from the download section of website www.childrightsngo.com

This will help you with child visitation. 

gautam (not disclosed)     23 December 2013

Thanks Suresh A, the documents cannot be downloaded from the links provided there, you can use the following link to download the documents

https://www.childrightsngo.com/crfdata/download_section/


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