Kunuthur Srinivasa Reddy 01 November 2016

Child custody and child welfare and wellness

Mr. X and Ms. Y married with the consent and agreement of their parents as per Hindu customs and traditions in India in the year August,2004 and left for US to join an assignment offered by a software company to Mr.X in March,2005 and Ms.Y lived as dependent forever. They were blessed with a male child Mr.Z born in US in August,2005. They moved over to Canada on being shifted on transfer by the company. Whereas, in April, 2013, Ms.Y when her husband was out of city on official business, removed the child from school in mid term, deserted her home with the child after getting secretly two air tickets from her parents. She took away golden jewellary, healthcards,permanent residence cards of Canada, academic records of the child, family photo album and flew to India and started living with her parents as dependent and unemployed. She filed a petition for divorce in Family Court in India in June,2013. She travelled back alone to Canada and withdrew cash of 17000 CAD, the sole earnings of her husband, in July, 2013 from four banks from the joint account, a facility given to her husband meant for family use in good faith and trust and flew back to India in July 2013 secretly wtihout the knowledge of her husband. She filed in Family Court of India for child custody in July,2013. She admitted the child in a school in India suppressing the facts of wrong removal of the child from Canadian home and blocked communication between the father and the child. Mr.X filed a petition in Canadian Court for sole child custody order and got the same in October,2014 though it was contested by Ms.Y. She filed a false case u/s 498a and 406 in 2015 in India. She managed to send an anonymous petition to the employer of her husband and Canadian immigration autorities making false allegations with a request to remove from his job and deport back to India. Whereas, the company investigated the issue and given a clean chit to Mr.X and expressed regret confirming the allegations as absolutely false and concocted. The child's US Passport expired in October, 2015 and as such remains as an illegal immigrant in India. The petitions for divorce, child custody filed in 2013 dowry harassment and domestic violence in 2015 have not come for trial till this day. Entire episode is a clear and conspicuous frame work of conspiracy, collusion and connivance masterminded and executed with total support from her parents and others. There were no incidents of domestic violence reported or occured either in US or in Canada where they lived from 2005 to 2013.

Now, only question is who has to get the child custody, Mr.X or Ms.Y? Kindly, enlighten and share your valuable wisdom.

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5 Replies

Kunuthur Srinivasa Reddy 01 November 2016

Try to add value to the discussion, with your each post.

(Guest)

"Try to add value to the discussion, with your each post' this is note left by the site admin to users like you. Posting a query with the admin comment is an insult to us lawyers. No wonder its your this attitude you are facing the above problem. Change your attitude. Come back with a fresh query sans this sick attitude u arse holee.

(Guest)

https://www.lawyersclubindia.com/forum/details.asp?quote=632542&mod_id=143768#reply I guess you have solution for others. Y don't u find one yourself.

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Ms.Usha Kapoor (CEO) 02 November 2016

Child custody is given to father after th e child completes 5 years o f age . Until then mother isthenaturla guardian of th echild. After the child completes 5 years normally the child custody and guardinaship is given to natural father and guardian of the child taking into account his mental stability,His love and affection for the , hia responsible attitude in general and particularly towards the childchild, his finacnial capacity etc a s the child's welfare is the paramount consideration both under Hindu minority ansd Guardianship Act Read with Guardians an wards Act. Court will enquire into ALL THE SURROUNDING CIRCUMSTRNCES OF A CHILD CUSTODY and examins rival contentions based on the child's welfare.as child's welfare is the paramount consideration awards the child to mother or father. The court will also examine if the mother or father remarries they may not shower much affecrion towards the innocent child.The court will award child custody to mother or father where the childs interests are best served.Iff you appreciate this answer please click the thank you button on this forum.

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Kunuthur Srinivasa Reddy 02 November 2016

The US born citizen minor male child's age was 7 years when he was abducted from Canadian home by his mother in a preplanned way essentially guided by her parents and others.The child's mother has been a dependent all through her life either on parents or on husband, though she is an engineering graduate.She belongs to a lower middle class family and is only daughter to the parents with expectation that her husband financially support them with his sole earnings. This expectation failed. Hence this child abduction.