Needed pre-requisites and procedure to file interim custody

How a 4 + years kids education suffers if a biological parent takes child out on school holiday - weekend or on extended vacation in summer / winter holidays of the child. Kindly educate me?

he is studying in one of the best school in chennai in LKG std... paid ransome to get a seat two years back...eversince my wife came to chennai before 3 months , he would've taken 25 days leave from the school.. she use to take him during holiday and will never come back for 15 days.. she is a staff nurse and I am in to IT working in bangalore.. her father local politician... i have to move through some politicians or relatives to get him back,.. this is been repeatedly happening , so applied Habeus corpus and bench judges told not to stop his education which is a fundamental rights... last 4.5 yrs she was never bothered abt child.. visited once in 6 months to chennai to see the child...  now when i filed a null and void marriage case , she is using my child as a trump card to harass me and extort money...  since i am in bangalore and he is chennai , i can see only in weekends .. now she is frequenlty taking him away even after the court said not to disturb his education...

1. You have placed emotional reply.
2. You have still not answered how a 4.5 LKG child’s weekend education gets disturbed if one parent takes the child out on saturday / sunday + on extended summer / winter holidays when no restraining order in place by any Court other than not to remove child during weekdays ?
3. You mean to educate me now that a 4.5 yrs. old child studying in LKG in a top most school in Chennai is being taught on weekends for IAS/IPS?

Do you know exact subjects a child going to LKG is taught in any school in India leave aside alleged to be top most school in Chennai?

Can you write down the subjects and hours of teaching and school day off of your own child here?

Common, HCP I can understand but not emotive logics you are pedaling to me ‘education of a LKG child gets disturbed if one parent takes child out on Sat. / Sun. + summer / winter holidays’  

Also note you may eventually get null and void Order but the child still remains legitimate in eyes of law and both parents will lay equal claim 9custody / visitation) irrespective null and void marriage Order.

Have you got stay / restraining order against your wife not to live in your home when a null and void application sub-judice?

So what else remains to be discussed here!

my wife is a negligent mother who was not willing to care of my child .. so left him in chennai when he was 5 months old..and raised by my mother and sister... i've been travelling to chennai in all weekends for last 4.5 yrs... but she would take 1 or two days leave and visit chennai to see my child once in 6 months or 1 year ..or for  his birthday...

although they dont teach IAS or IPS class in LKG , it has its own standard and the attendance is cumpulsory for him to get promoted to the next standard.. if she takes him away in weekend , how will i be able to see him as i go to chennai only in weekend.. also she will always exted her stay in her village even after weekends for more than 15 days.. during his schools days also...

what is the necessity for a mother to make the child stay in her village without sending him to school?

Have you got stay / restraining order against your wife not to live in your home when a null and void application sub-judice?

she is not leaving the child alone in chennai/my mother's place without her presence... if i tell her to not to stay with us, she will take away the child from my house..

wht to do at this situation?

Suggestion would be to approach same HC and get ‘enforcement’ of last order under Contempt Jurisdiction where the Hon’ble HC said not to disturb studies but was the same Hon’ble HC appraised that on weekends there is no school for the child (which will be counter of the mother now to get weekend visitation) as very limited appeal need to be decided by Hon'ble HC that also if yoru side is able to get it admissed J 

Probable outcome now will be that both of you will get alternate weekend custody inspite of child residing in your own HOME! You are weekend dad whereas mother is not only residing with child but having better say on weekend quality time spending with child. These are all amusing outcomes one error your side made in your null and void application you have to constantly juggle now.

That is why earlier I hinted to you which your emotional upper story clouded reading down i.e. in your null and void application have you got any restraining order for wife not to reside with you till matter under sub-judice is decided one way or other? That was the protection your advocate should have thought much ahead of its times now not to see you facing currently this ‘weekend getaways escapade’ scenarios J 

Also note only an adulterous mother can be debarred from child visitation r/w non interested mother (desertion) and later cause title was not highlighted till date by any custody application which you are debating to put or not to put before Court whereas mother is now squatting in very “ordinary residence of Child” – all these are amusing is it not?

Emotional civil laws Court cases are plead in reverse engineering style and not on day-today need to get Order format basis.

-----------------------------------------------------------

Ever read your child Aesop’s Fables and in it one of my favs. is; The Camel and the Arab.

Your wife is that Camel in the fable.

HCP; it is obvious that it was to be filed in Chennai as ordinary residence and removal of child cause of action was of Chennai

Long leave; she is inching closer and closer and will in days to come get away with reasonable shared visitation irrespective her marriager is declared null and void or otherwise.

Restraining Order; now too late to seek any worthwhile outcome as until a Court in a sub-judice matter decides the very marriage is null and void she has right to stay in matrimonial home.

Alternate custody; sky is limit in custody petition and is worthwhile litigation you should take a FC in Chennai Court node from or give her the benefit (opportunity) to file one. 
[Last reply]

void and null case was filed in Bangalore family court... where Haebeuscorpus case filed in Chennai Highcourt..  my wife was working in Bangalore and now she claims she resigned(but her employer says she is gone on long leave) and living in my mothers place in chennai...  both of us were staying separately in Bangalore for the last 2 years..

can I apply for restraining/stay order on my wife not to stay in my house?if so which court blore or chennai?

i am sure she will take him away for the vacatoin to her village... i cant avoid that .. at the same time can i get visitation rights or physical custodial rights for alternate weeks...

can I appy for interim custody?

 

 

thank you so much for your valuable comments and time..keeping the vacation in mind, thought filing FC will take time and planned for interim custody .. wiating for the HBC hard copy of the order from the court .. which usually takes 15 or 20 days..

error ... HCP order copy