Child custody

Querist : Anonymous (Querist) 29 April 2024 This query is : Resolved
Hi,
Me and my wife married in 2013 and had a boy child of age 8. She filed DVC and other cases and I filed child custody.

We compromised the matter and had written MOU. As per MOU I have to give alimony and divorce. And I (Father) will get child custody after school exams in april 2024.

I(Father) paid the alimony and divorce is granted. Child custody case was transferred to lokadalat by judge. lokadalat passed the orders that Father will have the custody and mother has visiting rights on festivals and holidays (As per the compromise).

As per the order I have taken child with me last week. Now mother is asking to send kid to her house for 2 days.

Mother and her parents are very unbelievable. We had done similar MOU in past and the broke it by complaining in police station. So I cannot believe them.

1. Is it safe to send child to mother for 2 days? can they break the lokadalat order?
2. What can I do if mother doesnot send child back?
3. We have to join child in school and he has to give entrance exams. So if mother dont send it will be a big problem
4. Is there a possibility of mother not sending kid back? can she challenge lokadalat order with writ petition(I have checked some articles in internet about this)
5. If mother dont send child back, is there any way that I can get child back immediately?
6. Is there any way that mother can get child custody back by challenging the lokadalat order?

Please note that once child goes to mother, they may force/teach anything to child to tell any answer to police or court etc.

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Quick Summary

A father is concerned about his child's safety and the potential for the mother to withhold their son after a Lok Adalat granted him custody. The father is seeking advice on whether it is safe to send the child to the mother's for a short visit, what legal recourse he has if the child is not returned, and the possibility of the mother challenging the Lok Adalat order. The discussion highlights the potential for a contempt of court petition if the mother violates the existing order.

T. Kalaiselvan, Advocate (Expert) 29 April 2024
The present situation is by an order of the court, hence if she violates the court order, then yo can file a contempt of court petition against her if she resorts to the same mischief similar to an earlier situation.

kavksatyanarayana (Expert) 30 April 2024
Yes. If she does the same practice again, you can file a contempt petition against her in court.

P. Venu (Expert) 04 May 2024
Yes. she is bound by the Lokadalat Award which constitutes a decree. Any revised arrangement requires that Award be amended by mutual consent.

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