Question on new born child - family court proceedings
Querist :
Anonymous
(Querist) 05 December 2010
This query is : Resolved
Respected Experts,
This has relevance to my previous question on when can a husband who has filed for divorce when his wife was pregnant claim for the child born and whether he can file a petition for the same, irrespective of th fact that he did not take care of the wife or his unborn child (during pregnancy) and also after pregnancy.
NOTE: The wife does not wish to give divorce or ask for maintenance but wants to rejoin her husband.
It is understood that the experts have responded to the same by saying that eventhough a petition can be given by the husband for the same, but the same will not be accepted by teh court,as till the age of 7 the natural guardian of the child is the mother .
Given the above situation, if the husband wants a child LESS THAN ONE YEAR to be brought to the court (Family Court during the conduct of the divorce proceedings ) and he wants to have the child, can he obtain orders to have the child (within the court or anywhere he wants with the permission of the court)
Experts, need your opinion on the same
Request you to please analyse the above situation in the light of the facts mentioned above both in the aspect of humanity (that no care was given to the pregnant woman, unborn child and also the new mother and new born till date) and also as per law (he is the biological father)
I have one more question on the above :-
What should be done, if there is an order passed by the judge to bring a new born baby to the court and give to the husband
The case here is the baby is suffering from cardiac ailment - congenital heart problem and requires open heart surgery and is very small and should not be taken to a place which is prone to infections
Further the judge who has passed such an order did not give a chance to the wife to explain the case to him and also he does not know the facts of the case (As he is a new judge) facts being - wife was sent out of the house during pregnancy, divorce was applied when the wife was in her 4th month of pregnancy and wife wants to live with her husband and has come to the court for 10 hearings during her pregnancy for counselling to rejoin her husband. and husband has not taken care of his wife or unborn child and also post delivery. No emotional, monetary, moral support was given to the wife by the husband instead he has made her suffer during the entire pregnancy. Also, the wife has tried several ways to communicate to her husband during pregnancy and after that too, to the extent of going to his house, but her inlaws have refused to permit her to enter into the house.
What i want to know is - wife is willing 100% to rejoin her husband and she will not file any allegations on her husband or his parents or relatives , but the fact is the relatives and parents of the husband want to do something to the child (that might harm) this is without the knowlege of the husband and they are using the husband as a tool to take their vengeance on the girl and her baby.
The judge who does not know the facts , has passed an order to bring a baby less than one year to the court to be given to the husband - when the baby is still being nursed by the mother. what are the remedies to the girl.
She wants to rejoin her husband but not with the same illwill present in him. please advise the remedies atleast by which she can protect her baby from being given to her husband in a public place.
The wife is willing to have her husband either take her separetely with him with the kid or by asking him to come to her parents house to see the kid and hte husband is refusing either of these two as his parents do not want him to be a husband and a father and have inculcated their thoughts onto him.
Please advise
Devajyoti Barman
(Expert) 05 December 2010
Yes , the husband has got almost nil chance to get the custody. Only in the extreme cases the court allows the transfer of custody as the court in this type of cases prefers status quo of the child albeit under the scanner of it.
Querist :
Anonymous
(Querist) 07 December 2010
Respected Experts
Thanks for your advise
I understand the husband has rights to visit his child
but the husband is not ready to visit the child / his wife , whereas wants the child (LESS THAN ONE YEAR OF AGE ) to be bought to the court
The wife is willing to rejoin her husband but the husband wants to divorce her but take away his child alone, when he has filed for divorce during the pregnancy of his wife. The wife is also alright to let him have their child in her parental home in her presence (As she is not allowed into her matrimonial home)
The grounds for divorce are also flimsy - like not a dutiful wife - does not know to cook, she fights with her in-laws and thus created mental torture
Hence, please provide a solution
Querist :
Anonymous
(Querist) 07 December 2010
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Querist :
Anonymous
(Querist) 07 December 2010
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Advocate. Arunagiri
(Expert) 07 December 2010
It is a repeated query, you have earlier asked in a different name.
Querist :
Anonymous
(Querist) 08 December 2010
sir, thanks for your time.
i have already marked it as resolved, so that the time of the experts are not wasted. i will again mark this as resolved.
sorry for any inconvenience caused in this regard.
