Child custody
Vaseem Mustafa
(Querist) 31 October 2013
This query is : Resolved
Sir,
This is in continuation to my previous query on the subject matter.On 30-10-2013 my 2nd party brought the baby to Court,but the baby didn't came as she has seen me for the first time after 3 years & she is just 4 years old.Then also Judge told me that the baby is not coming to you as my ex-father in law also created some sought of problem in interacting with my baby.I replied to Judge i am seeing the baby after 3 years & she doesn't know who i am
Later when Judge was to pass on an order they submitted the objections & also said they have got stay from high Court today we will give the copy on next hearing.I wonder on what basis High Court gave them the stay Can a father not even see his daughter.
On confirming from high court they have filed a petition CTA(450202)34/2013 Fresh IA(C)(570/2013).
Please help me what is all this {CTA(450202)34/2013 Fresh IA(C)(570/2013)}.
what should i do know.Can high court issue such orders without taking my point of view into consideration.
ABDUL RAZIQUE
(Expert) 31 October 2013
CONTACT BEST ADVICE FOR YOUR LAWYER.
Vaseem Mustafa
(Querist) 31 October 2013
Sir,
I did talked with my lawyer,he advise if high court summon comes to you take it.Then we will see accordingly.
Rajendra K Goyal
(Expert) 01 November 2013
Let the High Court summons reach, on receipt of these you may consult senior lawyer from high court.
ABDUL RAZIQUE
(Expert) 01 November 2013
NO ROOM FOR ENTER,
V MUSTAFA SAHEB COURT KE MAMLE MEm PEHLE APNE WAKIL PAR YAQEEN KAREm SATH HI COURT KI PROCEEDING PAR.
V R SHROFF
(Expert) 01 November 2013
High court will certainly allow your visiting Rights.
Even if Baby don't come near you, You can meet baby in pr of councillor.
Follow ur Advocate advise.
Vaseem Mustafa
(Querist) 01 November 2013
Sir,
My advocate is very helping & i have full trust in him.But due to his over busy scheduled i am not able to clear every point.This forum helps me a lot & i also gain little legal knowledge,moreover it also helps me in discussing healthy with my counsel
Rajendra K Goyal
(Expert) 02 November 2013
You are welcome, have trust in your lawyer.
ABDUL RAZIQUE
(Expert) 03 November 2013
Always welcome, Vaseem Mustafa Sb.
Vaseem Mustafa
(Querist) 03 November 2013
Sir,
My second party has applied for Transfer application in high Court and got stay ,as the case was seen by Session Judge in Lower Court.In the petition they have said "Court might give Custody of baby to his father but the baby is minor & will remain in good state with mother only,as she is a class I officer as compared to father.And the father has already married and has a baby with second wife also".
As for i am concerned I personally donot have any objection any Transferring the case to some other Subordinate Court.
My query is I want visitation rights only so that i will see my baby regularly.Can i request the High Court please dismiss this application as I want only visitation right And issues orders from High court only for visitation at the school of baby.
This will not only save time but litigations also.Please advise can the High Court issues such direction in a Transfer application.
ABDUL RAZIQUE
(Expert) 03 November 2013
V.Mustafa, you will sure get right of visit to your baby from Ld Court but the matter of order upon transfer of case may be passed or rejected according to nature or merit of suit.
Vaseem Mustafa
(Querist) 03 November 2013
Raziqu Sir,
My submission is i donot have any problem if the High court allows the Transfer & transfers the case to some other court.
What I want to know is can i request the High Court to pass the direction for visitations in the same application,
That will cut short the litigation because my requirement is visitation only & when i will not ask for custody so what will be the fun of transferring the case to the other court or retaining in same court by high court.
Can I.
Vaseem Mustafa
(Querist) 05 November 2013
Sir,
Today I got notice from High Court containing two applicaton
(A) the main points in the Civil Tranfer application submitted by my second party is as under:
1) the Sessions Judge without hearing giving petitioner an opportunity of opposing the application under section 25 of the G&W Act ,passed an order on the very first day directing the petitioner herein to produce the minor child before the court.
2) The respondent is living with 2nd wife & children begotten from 2nd marriage.It is submitted that criminal case in terms of 498A/406 RPC is also pending against respondent.
3)The minor female child has never seen her father i,e respondent nor the respondent seen the child ever.
4)The Ld trial court without acertaining welfare of child has passed an order insisting and cercing the petitioner to produce the minor child before court.
5)The petitioner is a gazetted officer & is highly Qualified & can take better care of child.The ld. trial court without hearing the petitioner has passed order which clearly reveals the ld trial court is biased against the petitioner.It is submitted that the petitiner doesnot have any justice from the court..
6)That the conduct of Presiding officer has given rise to genuine apprehension in the mind of petitioner that she will not get Justice.
(B) Interim Relief Application
The main points in the application are:
1) It is respectfully prayed that pending disposal of the transfer application,The Hon'ble Court be pleased to stay the proceedings before the Court of Sessions Judge.The same shall be in the interest of justice & equity.
ORDER of HC
The HC gave them the Stay.
