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Child custody

(Querist) 26 August 2014 This query is : Resolved 
My four months old child was snatched away by my husband, i put a case for child custody and has been fighting the case since four years now. I got the decree for child custody last year from the lower court however my husband did not hand over the child to me and moved to the high court and filed a revision petition there. In this past 4years i have met my child 4-5 times which took place during mediation since i also filed a 498A case against him. Now my child is about 5 years old. Judges say that the child has stayed with the father so changing the place of his stay would be wrong hence why not give the visitation to the mother and let the child custody be with the father. Then what about my rights? 5 years if the court could not give me my child then am i supposed to me penalized for that. My child still needs his mother and that love which only i can give. Why he should be kept away. My husband tortured me, his family tortured me, they even kept my child away from me from past 4 years. My husband and his family are very very aggressive. They even fight among themselves like cats and dogs. Sometimes my husband becomes violent with anger. But my question is why deprive him of mothers love? Is that not important? Judges say child's welfare is of the paramount consideration then how they can understand at this age that my husband will look after him well through out his life. Financially i am better, education wise i am better, all what he can give i can give my child better but one thing which my husband can never give is mother's love. Also is it appropriate to ask a 5years old child with whom he wants to stay? knowing that he has not stayed with his mother from past 4 years. What the law has to say in this? Need your advice on this......Can i get my child? Please help.
Devajyoti Barman (Expert) 26 August 2014
anonymous query....no reply...
Tabassum Naaz (Querist) 26 August 2014
Plz Sir, Need your advice.....
Devajyoti Barman (Expert) 26 August 2014
Since appeal is preferred you have to wait till it is disposed of.
Ask the HC for a order of interim visitation.
Rajendra K Goyal (Expert) 26 August 2014
Nothing fruitful can be advised without going through full case file. Prey for interim visitation.
Adv Archana Deshmukh (Expert) 26 August 2014
Ask your lawyer to persue the matter expeditiously in the high court.
ajay sethi (Expert) 26 August 2014
you will have to wait for disposal of revision petition before HC
R.K Nanda (Expert) 26 August 2014
nothing to add.
Tabassum Naaz (Querist) 28 August 2014
Thank you so much everyone.
Devajyoti Barman (Expert) 31 August 2014
you are welcome........


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