Fayaz (None) 06 January 2013

Custody of muslim daughter

Greetings Experts

I request your kind guidance on below case; kindly forgive me in any unintentional shortcomings on the notes/ language below.

7 yrs old daughter with mother's custody, father abroad, and parents divorced and both remarried (child with mother and step-father).

Permanent custody was granted to mother conditionally, allowing Father's right to 'reopen the case when he returns to station'.

Above judgment (to reopen the case when father returns to station) has been later nullified (by another Judge) establishing Father's right to have visitation/ interim custody (judgment on IA filed by Father for interim custody).

Interim custody has been requested without affecting studies and granted to father up on IA (10 days) - 1st order was violated, 2nd chance as well, notice served through DYSP, warrant through SP (did not issued), Mother's appeal rejected by HC and produced in DC and interim custody granted (3 days).

IA closed with suggestions to apply interim custody during when father returns on vacation.

- What is the possibility of getting permanent custody of my child allowing Mother's rights? Way forward to obtain a permanent judgment (at least interim), the case is now in DC for 4 yrs?

- Guidance on how to proceed for a permanent interim custody (as they tend to bypass the orders and I end up finishing my vacation time and returning)?

Kind Regards...

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1 Replies

Tajobsindia (Senior Partner ) 07 January 2013

For your both questions;

1. Chances are remote for a simple reason natural father is working out on various interim visitations reliefs post divorce from abroad and not most of the time sitting full time in jurisdiction to effectively follow-up based on natural justice even post last Order neutralising his right to re-open once he comes back now to visitations ir-respective his residence stay satus. Also re-read the various attempts to higher judiciary made by natural father and setbacks received with several modifications in almost all Orders being observed by superior court and pendency of the last Application from so many years.

Natural remedy;

A. Physically stay for extended period in child’s ordinary residence jurisdiction and then chase for visitation which was ordered by one of the Court and thus receive proper visitation Orders in your favor instead of acting by giving instructions to a local advocate from abroad which even the Courts inference (means see during verbal submissions) and taking such advantages mother is also not following up on those Orders seeing limited time you come on holidays resulting in Contempt and then fresh IA’s and natural delays and latches by Court also read with she is now re-married and child is adopted by second husband of hers who is also creatign hurdles to yoru last allowed rights.