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custody of my son

(Querist) 01 September 2009 This query is : Resolved 
Respected sir,
My son is paying the maintenance of his son
and court order on 27/3/2008 kfor the maintenaqnce for his son as well as his wife to bring the child on the date of hearing in the Hon'ble court. She opnly brouyght the child in the court twice and there after more then a year passed, she is not atall coming the court to attend the proceeding. In Dec.08, my son filed a
case for the custody of his son and also for his visitation rights till the case is finallised. But during last three hearings , she has not even submitted the reply of our petition, as she failed to join the court.

Kindly advice me, what further action can be done, as I want my son to clebrate his birthday at my place at least this year.He is hardly seven yrs old.

Thanks
PARTHA P BORBORA (Expert) 01 September 2009
wheather THE PETITION WAS FILED BY U OR BY UR SON? WHO IS 7 YEARS OLD- UR SON OR GRAND SON? ANY WAY SINCE THIS IS A CIVIL MATTER IF THE OPP PARTY FAILED TO SUBMIT A WRITTEN STATEMENT WITHIN 90 DAYS FROM THE DATE OF RECEIPT OF THE SUMMONS THE PETITION WILL BE DECIDED EX PARTY.
Jithendra.H.J (Expert) 01 September 2009
tell your lawyer to press the matter before the court, as she is not filed the objection
Bhumik Dave (Expert) 02 September 2009
Agreed with above learned
Sarvesh Kumar Sharma Advocate (Expert) 02 September 2009
agree with jitendra
Y V Vishweshwar Rao (Expert) 02 September 2009
Since Child/son is above five years( Now 7 Years ) father can claim Custody for son's welfare, education , well maiantance , by showing he is interested in the Child more than mother and and the Application is already filed press for early diposal by the Court , as it is pertainign to Child Custody !


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