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How t in delhi high court against lower court order

(Querist) 07 July 2015 This query is : Resolved 
Sir,
My daughter(hindu) married to a muslim boy in 2005.
Tortured for 6-7 yrs. have 2 girls. He absconded with elder girl and left the house after saying 'talak' to wife 4 yrs back. leaving less than year kid to her fate with mother. last 4 yrs we were sending her money for maintenance and court expenses. she was just there to attend the court case which he put for the possession of 2nd child. during child's vacation she came to parents house in Karnataka by informing the court. Delhi lower court passed order to present the child to court on 29th of June '15, once finish the school vacation. My daughter was sick during her stay in karnataka and certificates submitted through the lawyer to court. but ignoring all this court passed order in petitioner's(father)favour on silly ground that date is not clear and told him to take a custody of child by going to parents house!
How to get stay for the order and in which court. Please give me expert opinion. How we can go about it. Any expert lawyer who can take stay order from high court etc...
thottampai@gmail.com
P. Venu (Expert) 07 July 2015
It is impossible that the court would have passed the order authorizing the grandfather to take custody of the child. There, certainly, is a due process involved.
suresh (Querist) 07 July 2015
Sir,
We, grand parents not directly fighting the case. My question is, how she can manage to get stay for the lower court order and what is the procedure. We, grand parents of the child, only give financial support to her. Because husband is already having elder child with him(in that case my daughter is petitioner and case is pending in lower court). Now ongoing case is about the 4 year old child with mother.
Thank you in anticipation.
Kappil Cchandna (Expert) 07 July 2015
Sir,

Which court has passed the order and on what ground the order has been, is it a reasoned order or just a custody had been granted.

Please share the copy of the order, then only an opinion can be given in this regard.

Because generally custody orders are granted seeing the betterment and welfare of the child.

Warm Regards
Kapil Chandna Advocate
9899011450
Rajendra K Goyal (Expert) 07 July 2015
Consult local lawyer and show him full case file.


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