Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Child Custody

(Querist) 17 November 2018 This query is : Open 
Dear Sir,
Need your suggestion on below matter.
On may 2016 Wife filed 498a, DV, 125, bail cancellation and on march 2018 Divorce case against me. All these case stand in my my favour. No movement on 498 Case due to non available of main record as the same is in district court for hearing of Bail cancellation but since 2016 to till the time single notice has not come to us as well as OP not appearing on this case.
On DV case she has failed to prove the allegations and also not appearing infront of court since 2017 to till the time,
On 125 case she has not attending on date since 2017 to till the time.
On divorce case post filed within 15 days she has withdrawn the case i hve got the certified copy of this case.
On july 2018 i have filed child custody case, wife has received the notice and acknowledgement has come on record. Judge has suggested for news paper publication and after 30days gap she also failed to attened on court. Now this custody case is in under expart stage.
Now my question is that.....
1) should i get the expart order infavour of mine.
2) should i get the custody of my baby her age is now 6yrs.
Kindly suggest.
Sk Rajjak Hossain (Querist) 17 November 2018
Need your inputs
Dr J C Vashista (Expert) 18 November 2018
Of course you must obtain decree/order/judgment.
Proceed even if respondent (mother) is not appearing.
K.K.Ganguly (Expert) 18 November 2018
1. The Court has ordered Ex-Parte hearing but it does not guarantee that you shall get the order in your favour. The order will depend on how your lawyer could convince the Judge that your custody of the child is required keeping welfare of your child as the prime consideration.

2. Your wife is no more the natural guardian of your child since she/he has crossed the age of 5 years. So, you can get the custody order provided the Judge gets satisfied on your submission that your custody of the child will be for his/her welfare.
Sk Rajjak Hossain (Querist) 18 November 2018
Thanks for the update.
Sk Rajjak Hossain (Querist) 18 November 2018
Thank you so much Mr Ganguly for your inputs.
Dear Others expart kindly provide your valuable inputs on this issue.
PARDEEP KUMAR (Expert) 19 November 2018
For cases filed by your wife they can get dismissed for non prosecution. For cases filed by you i agree with with comments of Brother expert K K Ganguly
Sk Rajjak Hossain (Querist) 19 November 2018
Others please provide your inputs
SHIRISH PAWAR, 7738990900 (Expert) 19 November 2018
You may get custody on ex-party order of court but you should be successful to convince court that your custody is good for child's welfare than wife's custody.


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