uma iyer 02 March 2016

Child custody

Husband wanted divorce as there was no harmony and peace at home inspite of providing everything including full time maid and cook.Also she had left job when she got pregnant but wanted husband to do as per her bidding all the time including asking him to look after the baby after he returned home from work though maids were there.Also kept spending money on her family buying giftes for them and contributing to her sister's wedding.Her parents did not want the divorce as t kheynew she would not get another such fool in her life.She committed suicide and promptly parents filed FIR for dowry harassment, wife abusing and abetment of suicide.They also took away the child of 2 years when husband was falsely jailed.Now they have filed child custody.Father is now on trial for the false cases filed against him.
Child custody case is totally in favor of the father but they are dragging the case.Situation as below:-
Under Act(s) Guardian and Wards Act 1890 Under Section(s) 7
History of Case Hearing

Business On Date Hearing Date Purpose of hearing
28-09-2015 16-11-2015 Appearance
16-11-2015 19-11-2015 Appearance
19-11-2015 19-12-2015 W.S/Reply/Replication
19-12-2015 10-02-2016 W.S/Reply/Replication
10-02-2016 19-03-2016 W.S/Reply/Replication

19/12 was declared a holiday so got postponed to 10th February.On 10th February they did not file reply so now postponed to 19th March.
My query is can my lawyer do anything about getting an early hearing ? Or is he just a bad lawyer not doing anything for the case though all laws in the child's father's favour ? The child may suffer psychologically due to such change in people looking after him.He had never seen them till he was literally kidnapped by them.

Please help

Reply Follow

8 Replies

uma iyer 02 March 2016

Renukaji child is with wife's parents who are 74 years and 65 years old hom the child had never seen or been with till the episode.

uma iyer 02 March 2016

Renukaji, just why I made the query on the forum.The case is being postponed every month.Really dont know whether to change the lawyer

uma iyer 02 March 2016

Renukaji, just why I made the query on the forum.The case is being postponed every month.Really dont know whether to change the lawyer

SAINATH DEVALLA (LEGAL CONSULTANT) 02 March 2016

The father is the natural custodian of the child when the mother has died,but here as the father is in jail facing criminal charges,the maternal or paternal grand parents can claim custody of the child,till the father is acquitted or released from prison.Only the paternal grand parents can counter the claim of the custody.

uma iyer 02 March 2016

sainathji

by God's grace father is not in jail.Parents have been aquitted. We are trying to get the trial to finish soon as there is nothing against him except the fabricated lies of her parents.So all the more reason why we are anxious that the judge is not giving ruling that kid be given back. Why so much of written reply required ?

uma iyer 03 March 2016

The last date gone on 10th Feb 2016 shows

Date : 10-02-2016

Business : REPLY NOT FILE

Next Purpose : W.S/Reply/Replication

Next Hearing Date : 19-03-2016

so if the petitioner didnt reply on 10th Feb when he should have can my lawyer not plead that since no reply was given the case be tried asap ? why is another date given for petitioner to reply ? is it not audacity toward court not to have replied esp when the time lag was two months from last date in December 19th 2015 ?

Please let me know so I know my lawyer is not lax

uma iyer 03 March 2016

The last date gone on 10th Feb 2016 shows

Date : 10-02-2016

Business : REPLY NOT FILE

Next Purpose : W.S/Reply/Replication

Next Hearing Date : 19-03-2016

Please let me know so I know my lawyer is not lax

redrose123 03 March 2016

hi i am new to forum, my sister applied for divorce against ex because he did not go for job and was money mind. both of his parents torched my sister to get money and they try to attach her so we asked her to get divorce and finally after many trail he came for mutual divorce in condition girl child 6 yrs with mother and he can cme and visit and he is not paying any maintances.my question my sister is now 28 yrs old and we want to her remarry but she is scared that after remarriage he may take the girl child by put case that my sister remarried.... pls advice my sister daugter with her only and she is very attached to mother..........pls tell whether she can remarry and what will happen to her child if ex tried to put case