Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Karannetan (System administrator)     27 December 2011

Child custody

Hi,

Good afternoon,

7.1/2 years back i got married and blessed with two Sons (5 year and 4 years). After three years of my marriage disputes were started on trivial issues. Several times i compromised with my wife but still she is adament and not listening any body. Three months back she left to her parents house(Small village).  along with my kids and not willing to come back When we try to contact her (my family members) she is refusing to come back. Recently i came to know that my kids are leading life miserably.

I request your suggestions to take the custody of my kids and how to proceed for Divorce.



Learning

 13 Replies

sensitiveman (executive)     27 December 2011

File a child custody petition under Guardian and Wards Act 1890....chances are high to get the custody if u can prove that both the kids are not happy over there. Also, they themselves tell the court that they would be more happy with the father and allowing wife only for visitation.

G. ARAVINTHAN (Legal Consultant / Solicitor)     27 December 2011

file a GWOP to get custody of your children

Karannetan (System administrator)     27 December 2011

But now they are with my wife. can i know the steps pls how i need to proceed.

with our divorce is it possible ? and She is not working and living with his brother's house.

Karannetan (System administrator)     27 December 2011

But now they are with my wife. can i know the steps pls how i need to proceed. with out divorce is it possible ? and She is not working and living with his brother's house. Need advice how to get my children from my wife 1) Can i take my childrens with out informing her.. 2) If i did that is there any chanses to put up a case Pls help m Please help me plss advice me.. thank you in advance.

cm jain sir (ccc)     27 December 2011

Best and immediate response shallbe that you take your children with you and give a letter with a/d to nearest police station that you are taking your children becoz of pathetic condition. after that you file petition for child custody under GW act as explined above.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     27 December 2011

:-)

 

If you can withstand the pressures of police and family, go and pick up your child.

 

Otherwise file a petition under Guardian and Wards Act.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
1 Like

Karannetan (System administrator)     27 December 2011

Thank you for your reply..

dr.pawan rajyan (member and secretory)     28 December 2011

SHOONE IS RIGHT,IF YOU FOLLOW COURT PROCEDURE(LONG ROUTE),MIND OF CHILDS WAS POISONED BY WIFE AND RELATIVES.....................,JUST GO AND FORCEFULLY PICKUP AND GIVE A CALL OR SMS TO WIFE SAYING YOU ARE TAKING THEM  FOR SOME DAYS  DUE TO CHILD  INSISTED.and then filed for case.if you can manage police,it is additional plus point.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 December 2011

There is no case of kidnapping made out against you any which ways.

 


Regards,
 
Shonee Kapoor
1 Like

galsober@yahoo.co.in (def)     29 December 2011

And u can write here & there "I being biological father; am the NATURAL GUARDIAN of the child".

If u plan to telephone her, plz do it from some public booth.......to aviod any cooked up story later on.

Immediately rehabilitate the children................may admit them to school in no time....if possible. Keep ur parents away from the mess for the time being. Believe me, this will be less traumatising than FIGHTING it out in the courts!

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     31 December 2011

Sadly, if the girl protests, you may also have to hand the child back.

 

But file for GWA case immediately after that.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
1 Like

Karannetan (System administrator)     03 January 2012

Thank you for all your support.. with my brother help i made a complaint with local police station (My brother went to DSP and informed all the things), i have requested to the police for councl my wife. I dont want to live with her, But i need my child back. May be this sunday i will go for counceling. Pls suggest me what should i talk infront of police...

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 January 2012

simple, that you need the custody of the children.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register