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Child custody-child has suffering from disease but not disclosing it

(Querist) 29 May 2014 This query is : Resolved 
My Brother and SIL has been living separately and child was born from wedlock but has not intimated to my brother and now child is around 3 years of age and brother has filed the application for child custody in his place of location but was stayed by supreme court in response to Transfer Application filed by my SIL..In other case of maintenance, my SIL has brought the child and child was looking thin and frail and she informed to the court that child is suffering from some disease.but SIL refused to disclose the treatment given and type of disease suffering.My brother is 100 sure that the child was denied proper treatment as result the condition of child deteriorated which may irreversible..Now in the lieu of above, how can my brother asked for treatment papers as child custody petition is stayed by supreme court of India and family court will not proceed where the application for child custody is pending....Regards
KAMARAJ BHARATHY G (Expert) 29 May 2014
father of the child can file separate petition for direction to the custodian diagnose disease and provide proper treatment. However, cost for such treatment shall be borne by the petitioner/father. if your brother's aim is proper treatment to his child, then he need no be worry about the stay petition and he may file this petition as fresh.
Raj (Querist) 29 May 2014
under which section he can file and in which court sir??
Previously he has filed the application under guardianship and wards act in the family court where my brother resides
Devajyoti Barman (Expert) 29 May 2014
Unless stay order is vacated, nothing could be done.
Try to dispose off the transfer petition fast so custody suit can be proceed with.
In the custody suit the husband cam file interim custody of the child on emergent circumstances.
Sankaranarayanan (Expert) 30 May 2014
First try to lift the stay then file as advised by experts
Rajendra K Goyal (Expert) 30 May 2014
Try to get the stay vacated first and then proceed.
Raj Kumar Makkad (Expert) 30 May 2014
I have also the similar opinion as expressed above by experts in common words.
T. Kalaiselvan, Advocate (Expert) 01 June 2014
So long as the stay of further proceedings is operative, any petition before the lower court will be rejected, hence as advised, you may advise your brother to vacate the stay order first and proceed with the transfer petition and then apply for the proposed petition before the lower court, donot worry about the sections, your lawyer will take care of them.

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