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shalini (software engineer)     06 October 2012

Legal notice for son

hi

 

My brother has his son who live with my parents in U.P. My brother works in Delhi and he is going every day to delhi for his job and coming back to UP. Now he got a notcie from girl that she need the information about her son and she suspect that my brother has kept her son in Orphan place. Now we have two ways to answer this notice but both are creating problem for us only.

 

1. if my brother replies the reality than the girl has already asked to transfer the divorce case from Delhi to UP. ( She already have filled many false cases against us in Meerut )

2. If my brother tells that the his son is in Delhi with him than we need to show the school record etc.

 

Pleasse tell us what else we can reply. Or else we pay 15 lac to finish all the matter ( 498a blah...) as the girl side is creating lot of problems...

 

We have not filled any case yet against the girl as we want to finish the matter if she comes down to less amount. She has been caught with a mobile and we have all teh details of this mobile to proof her affair with boy of the street.

 

Please help us as my parent are suffering more than anyone else in this matter.

 

Thanks

Shalini



Learning

 1 Replies

Tajobsindia (Senior Partner )     06 October 2012

1. Address of child has no relevance to challenge a Divorce case on Jurisdiction matter. Jurisdiction in Divorce and Child Custody matters works totally opposite and based on one other cannot be transferred at all

2. If child is having company of able bodied female 24X7 and is well looked after and by evidences from your side it can be shown as and when challenged in Court of Law then ignore such Notice for the time being. The proper way is to file Guardianships and Wards Act Application by her either in
Delhi
or in UP OR an Petition under S. 26 HMA in divorce case if she has so much concern for the child be it so if she was kicked out or child was removed from her all these are matters of facts in a trial Case and not to be entertained via some Chamber Notice.

Even if she alleges “orphanage” then allow her to keep fishing till proper Court Notice of a Child visitation / custody case cometh.


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