G & w sec 12 interim application
Avinash
(Querist) 07 August 2012
This query is : Resolved
Dear Sir/Madam,
I am very thank full for some of the Queries asked by me i my earlier mails.But i request one more support. The G&W Act 1890 under section 12 the Court ordered respondent to hand over the custody of my son on every Saturday till Sunday evening. But she is absconding from her house on the day and she has violated the orders of the court and now she has filed Writ Petition against the orders of the lower court at High Court against the orders of lower court. Kindly let me Know is there any law in stopping father to get the Interim custody.More over she is leading an Adulterous life and the same has been proved in the Court of law and with reference to same i have also filed Divorce and also asked for complete custody of my son and he is 4yrs and 11 Months.
Devajyoti Barman
(Expert) 07 August 2012
If the Writ petition is admitted and an order of stay is granted then you can not implement the order just now and will have to wait till disposal of the writ petition.
Else you can file Contempt petition in the high court for compliance of the order of interim custody.
Avinash
(Querist) 07 August 2012
The writ petition is still pending, any case reference is available where in the WP is dismissed with reference to interim order to father
Avinash
(Querist) 19 November 2012
Hello all,
I am with one more request and a new problem. The High court dismissed the WP application and ordered the lower court to handover the child as ordered by family court for the custody of minor child from 3.00pm Saturday to 6.00pm Sunday every week end if she deny in giving the child to father permanent custody to be given to father has been ordered. Now she files a fresh application for maintenance of child 10K per month and she gainfully employed. In the Domestic violence and Maintenance case her maintenance was rejected as she is having adulterous life and 2000 was granted for child maintenance but she withdrew the case as being not pressed at Magistrate court once i produced documents of she working to the court. Kindly help me with some reference should i pay maintenance for minor child for fresh application at Family court.
Regards,
Avinash
ajay sethi
(Expert) 19 November 2012
you are bound to maintain your child as father . dont wait for court order . on your own accord start sending rs 2000 a moth for your child
V R SHROFF
(Expert) 19 November 2012
If you prove, u can look after son well, there are chances, you get custody.
If Divorce Petition is pending, and u prove adulterous life, you are likely to be divorced soon. You file u/s 26 for custody, if allowed, all ur problem solved, as she is working, no mtn for her.
Child custody with u, so u are entitled for 10k mtn from her, as she justify it being mtn, on oath , though withdrawn as not pressed, affidavits are binding on her.
Wait for few months, & matter will be cleared. meanwhile pay 2k p m for ur son.
Avinash
(Querist) 26 December 2012
Hello All,
As per Mr. Shroff if i can prove that i can take care of Son well there are chances that i get custody of my son. I have some Good News for you. I have collected admission form details of my son School where he was studying in a school staying with his grandmother ( In different city around 150 Kms)and she working in different city (i have taken appointment letter and her nature of work timings and salary details) and she was staying in as Paying Guest.She was not doing any too and Fro movement every day and used to visit weekly once. The Admission Form does not have Father Name. will this document help me in my son Custody case.
Awaiting for the Kind reply from Experts.
Avinash
(Querist) 05 January 2013
Hello All,
As per Mr. Shroff if i can prove that i can take care of Son well there are chances that i get custody of my son. I have some Good News for you. I have collected admission form details of my son School where he was studying in a school staying with his grandmother ( In different city around 150 Kms)and she working in different city (i have taken appointment letter and her nature of work timings and salary details) and she was staying in as Paying Guest.She was not doing any too and Fro movement every day and used to visit weekly once. The Admission Form does not have Father Name. will this document help me in my son Custody case.
Awaiting for the Kind reply from Experts.
Raj Kumar Makkad
(Expert) 05 January 2013
Definitely the information in your hand is very vital for the custody case and even this is a cruelty on you not to mention the name of father in the admission forms of your son.
Avinash
(Querist) 26 March 2013
Hi, All
Many Thanks for Sparing Your Precious time in helping me in my legal Battle. As you are aware the court cases are does not complete on early basis i am here back to trouble you all once again. As Per my above requests. I am getting my son as Per High Court orders on every Saturday from 15.00 Hrs to Sunday 18.00 Hrs.I lost My Mother in the Month of January 2013 due to Cancer. now i stay alone at home. during my son visits i take care of him well and Prepare food at home as i know to cook and he also insists to prepare at home only. we both enjoy and have good time every week.I am fighting for Permanent custody of him and he is 5.6yrs old.will there be any problem in getting his Permanent custody or will there be any problem raised by her for not giving the visiting rights custody to me being alone.
Kindly let me know
Avinash
(Querist) 27 March 2013
Hi, All
Many Thanks for Sparing Your Precious time in helping me in my legal Battle. As you are aware the court cases are does not complete on early basis i am here back to trouble you all once again. As Per my above requests. I am getting my son as Per High Court orders on every Saturday from 15.00 Hrs to Sunday 18.00 Hrs.I lost My Mother in the Month of January 2013 due to Cancer. now i stay alone at home. during my son visits i take care of him well and Prepare food at home as i know to cook and he also insists to prepare at home only. we both enjoy and have good time every week.I am fighting for Permanent custody of him and he is 5.6yrs old.will there be any problem in getting his Permanent custody or will there be any problem raised by her for not giving the visiting rights custody to me being alone.
Kindly let me know
