Sec26-hma used to cancel shared custody before divorce

This query is : Resolved 

Querist : Anonymous (Querist)
04 June 2019

Wife applied for D on adultery ground at Kolkata. No hearing taken place. Wife wanted to take away minor daughter to her hometown- stopping her good school. On preventing filed a Habeos Corpus at HC. HC ruled that daughter will study in Kolkata school Monday-Friday & stay with wife on Saturday-Sunday & vacations. Appeal can be made against it. My retired teacher mother & a maid will care for daughter along with me.

Being unhappy wife filed a Sec 26 HMA case against above, as per e-courts. Stage of case-Hearing of petition. Next hearing-Not updated

My questions are:

1) Once the hearing date is allotted, or previous to that how can I successfully request postponment of hearing & on what ground. Daughter can study in good school for some more weeks then.

2) Except for superiority of current reputed school at Kolkata, what else should I highlight to maintain the HC ordered arrangement.

3) The divorce case has been filed separately. Will it be clubbed

4) Will judge ask my 4 year old daughter for preference, if appealed for


Dr J C Vashista (Expert)
05 June 2019

Paramount interest of minor shall prevail.
How does HC take up petition u/s 26 HMA directly?
Any order passed by HC has to be appealed (if appeal-able) before SC. What is the advise of your lawyer if you are a litigant?

Querist : Anonymous (Querist)
05 June 2019

Vasishista Sir, as I did not allow wife to take away daughter, she filed a Habeous Corpus in HC. On hearing that my primary concern is that reputed school of daughter will stop if wife takes her to her hometown HC gave the ruling. But it mentioned that when the just filed divorce case is taken up by district court, this decision can be appealed against, if desired.

In addition to the just filed divorce case( no hearing), wife has filed a fresh case under Sec 26 of HMA (as per e-court)


06 June 2019

Dear Sir,
You may prefer appeal against the orders of single judge if you are agreed by such order.

Please mark “LIKE” if satisfied by my answer.

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