Custody of child whose education is stopped

Suraj Kumar (Querist) 18 July 2023 This query is : Resolved
Sir,
My wife has saperated from me when my child was four years old. Thereafter she remarried. She along with her husband refused to allow me to visit with my son who is now 6+ years old. Her husband demanded Rs 10 Lakh from me to release my son. Evidence regarding such demand is with me.

I have prayed for custody of my son in district court. In written objection submitted by her she stated that my son is studying in a prestigious school.

I have personally visited the school on today. The school authority shows me attendance register - which reveals that my she did not send my son to school for last six months without any reason. My son also did not appear in last examination held on Feb 2023.

I have sufficient evidence that my son is not send to school. Also from some authentic source I came to know that my son is not getting proper food & his health is so weak.

I have heard that all children above 6 years are compulsory to send to school.

Next hearing date is fixed for hearing after four months.

Please guide me for the welfare & best interest of my child for future of my son.

How can I get my child back at the earliest ?

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Quick Summary

A father is seeking custody of his 6-year-old son after his estranged wife stopped sending him to school for six months. The wife remarried and allegedly demanded a large sum of money to allow contact. The father has filed for custody and visitation rights, but the court has delayed a decision. He is seeking advice on how to expedite the process and ensure his son's welfare and education.

kavksatyanarayana (Expert) 19 July 2023
You can file a case against her that they are not allowing you to visit your child and she is not sending the boy to school. Did you tell this to your advocate and what is his opinion?

Suraj Kumar (Querist) 19 July 2023
I have stated to my advocate, I have already filed a custody case which is pending before court.

T. Kalaiselvan, Advocate (Expert) 19 July 2023
Since you have already filed the child custody case you may have to wait until the court disposes the case.
However you can file an application for visitation rights to visit your son periodically in the intermittent period as an interim relief.

Suraj Kumar (Querist) 19 July 2023
I have already filed an application for visitisation right and interim custody.

kavksatyanarayana (Expert) 20 July 2023
Wait till the court order is pronounced.

Isaac Gabriel (Expert) 20 July 2023
If you disbelieve your estranged spouse an her husband, better file a habeous corpus at High Court

Suraj Kumar (Querist) 25 July 2023
Sir,
Today, an application is filed in court for admission to a good school since my 6+ years aged son is kept out of school for last six months. My OP says that they has objection.

The Judge says that there is no merit of the matter even if child is kept out of school by his mother. In spite of repeated requests of my advocate, the Judge did not pass any order and decided to hear the matter after four months.

Please help if there is any way for welfare of my child ?

T. Kalaiselvan, Advocate (Expert) 04 August 2023
You can appraoch high court with a petition seeking direction to the trial court to dispose the matter expeditiously

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