Possession of minor child
PRAKASHCHANDRA MARU
(Querist) 20 July 2014
This query is : Resolved
HELLO ALL LEARNED,
A LADY GOT DIVORCED FROM HER HUSBAND AND DELIVERED THE POSSESSION OF HER FEMALE CHILD TO HER HUSBAND AT THE TIME OF EXECUTING DIVORCE NOTORIZED SHE HAD GIVEN THE POSSESSION OF FEMALE CHILD TO HER HUSBAND IT IS ALSO MENTION IN THE DEED OF DIVORCE.
AFTER THE FEW MONTHS OF MINOR GIRL HAVING AGE OF APPROXIMATELY 6 YEARS RAN AWAY FROM HER FATHER’S HOME AND CAME AT THE HOME OF HER MOTHER.
TRAGEDY IS THAT THE MAN WHO IS FATHER OF FEMALE CHILD GOT MARRIED SO HIS SECOND WIFE DOES NOT KEEP THE DAUGHTER WITH HER SO SENT HER AT THE DOOR OF HER REAL MOTHER AND FEMALE CHILD ALSO DOES NOT WANT TO GO BACK THERE AGAIN. BUT HER FATHER LODGE PETITION FOR THE POSSESSION OF HIS FEMALE CHILD U/S 97 OF CRIMINAL PROCEDURE CODE
HERE REAL MOTHER OF FEMALE CHILD GOT MARRIED TO THE OTHER PERSON. NOW WHAT REMEDY IS AVAILABLE FOR HER ?
REGARDS
prabhakar singh
(Expert) 20 July 2014
No legal divorce has taken place between first two spouses of marriage who got drafted a notarized deed of divorce not recognized as legal way of divorce.In India only divorce by decree of court is recognized.
Both's remarriages are void in the eye of law.
Law is not aware of 'possession of child/or /children.It provides only for custody,care
and guardianship.Mother is still in right custody of her daughter whose prosecution can not be.Things are being misconceived at husband's side.
ajay sethi
(Expert) 20 July 2014
notarised divorces have no legal sanctity . she continues to be legally wedded wife .
mother can make application to family court for custody of the child
Devajyoti Barman
(Expert) 20 July 2014
what does her biological mother want?
If she wants to keep the child and the child also expresses such wish, the Police can do nothing.
Rajendra K Goyal
(Expert) 20 July 2014
The divorce on the notarized paper is illegal. If the girl want to stay with her mother the father has no claim on the basis of illegal divorce document.
Raj Kumar Makkad
(Expert) 20 July 2014
Well advised by experts hence no more to add.
Rudrawar Narayanreddy
(Expert) 22 July 2014
one point is required to be clarified the father has filed case under criminal procedure is not maintainable. The mother is in possession of the child so she need not file case for custody of the minor as she is the legal custodian being female and below 7 years. Now the father has only remedy to approach the court and get the order of custody then only the child can be dispossed from the mother till then if mother wants to keep with her she can do so.
V R SHROFF
(Expert) 22 July 2014
Guardians & ward act sec 9 apply. Your local Advocate can file civil suit in district court, where child ordinarily reside..
V R SHROFF
(Expert) 13 August 2014
OH, YOU YOURSELF IS PRACTISING LAWYER ..
Raj Kumar Makkad
(Expert) 15 August 2014
A practicing lawyer should be well conversant with the basic law.
