Urgent reply needed regarding child custody and void/null

hi,

since my wife took away my child once again to her native , without informing me despite HCP order..

Filed a second HCP last week, and child was produced in the court on wednesday.

the moment he saw me in front of the judge, he clung on me and hugged me tightly and never looked at my wife for 15 minutes.. The judge was impressed and said the child is very affectionate with father.

Initially , my wife gave false allegations on me stating , threatning, hitting , no food and money is provided to her.

Judge gave her two options, either you stay with the kid in father's custody or leave the child in father's house offered weekend visitation rights to mother... so she said she will stay in my house..

Do i have to still file GWA or this HCP is enough?

Natesan

Yes, it is advisable to file for child custody under Guardians and Wards Act to retain the custody of the child with you.

1. You have to wait till she commits Contempt on HCP (second) Order. Reason being she is living with child in matrimonial home. Only thing you can do is watch the child 24x7 and how you do that is your ideacious meassure.
2. Regarding your marriage which only you two know what you two did I have no further value addition to make as of now.

@ Vidhya,

1.    Your divorce case will be eventually decided on its strength or weaknesses and has nothing much to do at this stage on question of granting permnt. custody of child to either natural parent.

However;

2.    Grant visitation of child as he is child’s natural father. otherwise ld. Court will allow visitation after hearing your initial resistance for the same. Regarding permnt. custody question it is procedure of ld. Court that at the time of passing Decree (if any as this case may cometh out to be) custody of child will get decided and not now.

3.    Rest your brief is copy of your petition deleting THAT word from each sentence mentioned in your said brief and has not much relevance on question of granting or not granting “visitation of child” at this stage other than that visitation will be granted to him as nothing on records shows he is rapist, murderer or that of violent character which is harmful for company of a minor child. 

@ Author 

Child custody would be given based on welfare of the child and the wishes of the child and so would the natural father get visitation one day or the other .

@vidhya 

When we consider the term welfare of the child Its not to be measured by Money alone .The moral and religious welfare must be considered as well as its physical well being nor can the ties of affection be disregarded .

Everything is at the discretion of the judge 

He may award joint Custody ,overnight visitation  50 % annual vacation custody etc 

1.    Hostile Aggressive Parenting (HAP)/Parental alienation syndrome (PAS)  Which is a pattern of manipulation or decision making either directly or indirectly thereby creating undue difficulties in the relationship of a child with the other parent  The disorder can be reasonably traced back to the actions, of a person(s) who are interfering with the child’s relationship with the (target) parent. If psychological evaluations are conducted on the alienating parent, they often reveal the “borderline, narcissistic, or hysterical personality” disorder. Alienating parents are driven by the overriding need for power, influence, domination and control at the cost of damaging the the childs mental and emotional well being. They do not have empathy, sympathy or compassion for others. Unlike rational people, they do not distinguish between telling the truth and lying, which is not in the best interests of welfare for the child. Children who have been psychologically violated and maltreated through the act of parental alienation, are more likely to exhibit a variety of psychological and social handicaps. They can be depressed have a loss of community ,loss of stability ,security and trust, have excessive fearfulness, loneliness, anger, helplessness, poor identity formation and a fear of abandonment which is not in the best interests of child welfare. 

Judges are well aware of this hence visitation would be grated at one way or the other .

this is my 2nd HCP order which states as follows

“Today, rajesh(me), devi, her father Lenin , her son suresh are present. Today suresh, on seeing his father , clunged to his neck and expressed his bondage towards him. He wish to stay with his father and go to school. Natesan also wishes that he intend to send his son to school”

“Rajesh undertakes that he would take care of her well and no one in his house will cause her any harassment. Equally, Devi also undertakes that there will not be any harassment or disturbance to her husband. Rajesh also says that Devi’s parents , namely Lenin and vanitha can anytime visit his house and see their daughter and grand son.

since she wanted to stay with my son in my mom's place , Judge chekd with me for whether its ok for me.. since i showed no object ...she is staying in my mom's place in chennai ...

she is staying in my mothers house where my kid is also living, I use to visit every  weekend to chennai to look after my kid..meanwhile in the last 8 months , my wife is somehow managing to bond with my kid..

with this situation , I am wondering whether to withdraw the GWA case and consider this highcourt order as a child custody case order...

pls advise.