Guardian act

saravanan (Querist) 14 December 2012 This query is : Resolved
I have filed a divorce and cruelty case again the wife and the same is pending at SUb Court. Desertion of wife from me almost completed 4 years. Wards are in my hand two years. Due to cruelty of wife, wards are returned to me. Now they have filed a case before the sessions court that to return back the wards under 25(1)guardian ship act. Whetehr I have a right to quash the petition filed at Sessions court or I have to counter for this

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ajay sethi (Expert) 14 December 2012
you cant quash the petition . you have to fight case on merits.

Devajyoti Barman (Expert) 14 December 2012
Quashing is permissible under criminal jurisprudence only.
The custody case is case of civil nature and it is filed in the court of district judge, not sessions court.
Appear and fight the case on merit.

Raj Kumar Makkad (Expert) 14 December 2012
Both parties have right to claim custody over the children and court has to decide the case after hearing both so you have no other option but to contest the petition seeking custody of your children.

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