Upgrad LLM

lok adalat award-change of circumstances

This query is : Resolved 
 

(Querist)
24 August 2009

hello sir/madam
i am a medical practitioner and me and my wife got divorce by lokadalat.we had a female child at the time of award aged 9 years[now 13 years].My wife taken the guardianship of the child by lok adalat award.Afterwards,the child due to ill treatment of her and second husband,escaped from thier custody and reached me[through police].since then i am keeping the child with me and looking after her education and all.My es wife know all this and she now and then visits the child.The child is safe and happy with me.After 4 years from date of lokadalat award,my ex wife filed an EP against me for keeping the child against the award.My child dont want to go with her mother and wish to stay with me.I aapeared for EP AND MENTIONED THE CHANGED CIRCUMSTANCES.But the hounourable court told me to follow the award or i will be sent to civil prision.The orders of the honourable court is awaiting.But i want to protect my child.What can i do to avoid this?


Y V Vishweshwar Rao Online (Expert)
24 August 2009

Now there are changed Circumstances after the Award - !!!

I think - in the Child Custody matters - the rule of Resjudicate- or - the point that matter is already decided - can not be pressed - as it is the Welfare of the Child !!!

As per Sec 6 of the Hindu Minority and Guradianship Act 1956 - you - natural father is the natural Guardian ( mother ordinarly entitled to keep the child up to 5 years age only )

In View of the facts mentioned in your Query - you may file a petition for Declarign you as Natural Guardian of the Child and your are entitled to take custody, & look after the Welfare of the Child .

You have to mention all the facts including the Loak Adalth proceeedigns/Award and Changed Circumstances after the Loak Adalath Award . Child Welfatre and Child Desire to stay with you , and the problems to child at Mother House !

Adinath@Avinash PatilOnline (Expert)
24 August 2009

you may file petition for declaration as adviced by y.v. Rao.Mr. Rao is right.

Sarvesh Kumar Sharma Advocate (Expert)
24 August 2009

raj,
u have any written paper by police when u take custody of yr daughter ?
if yes dn yr part is very strong.
WHERE EVEN THE MATTER ARE SETTLED IN LOK ADALAT , THE COURT SHOULD PROSPECT THE INTERESTS OF MINOR AND PERSONS OF UNSOUND MIND,
SEE-manju gupta v/s national insurance co. ltd.1994 acj 1036 all


VIKAS RAJ CHHAJER (Expert)
25 August 2009

Please i don't want to advice as there is strike in our district so please pray for us that our high court may not broke and we may live unitedly.

For your matter i will respond but after few days.

Vikas Raj Chhajer

Somnath mukherjee (Expert)
25 August 2009

You may file a custody case according to hindu minority and guardianship act



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