hma 26 temporary child custody to mother
ashok
(Querist) 01 June 2014
This query is : Resolved
iduring proceedings under Hma 26 in main u/s 9 pending,my daughter has seek temporary custody/ ocaasional stay of her minor 7 year old child with her at her own house during his school summer vacation. The child is already meeting mother regularly during visiting rights under dv act and she getting interin maintenance under crpc 125.
Under proceedings hma 26,the judge found the child turning hostile towards mother's However,the judge rejecting the application ,he convened separate in-chamber meetings with both lawyers,parents, etc and stressed petitioner mother,and made her agree to go to her matrimonial house.,also knowing the fact there is bitterness among both parties.Being father of petitioner mother,should we send our daughter to her matrimonial home as per court direction? However,the judge (Sr.grade) respective distt.couts has mentioned all cases against respondents shall continue.So what is rational behind it.We are confused and my daughter is so depressed that she has lost all faith in courts but I still have.Please advice should she go against all odds.Once she left her home to matrimonial home she can't leave that place without permission of her matrimonal members of joint family and court knows that too.My daughter life is at stakes with no option but to end or live
ashok
(Querist) 01 June 2014
PS the hon'ble judge has not rejected hma 26 application,as per petitioner's lawyer
Devajyoti Barman
(Expert) 01 June 2014
Query is not clear on following points-
1. Under whose custody the child is currently staying?
2. What is the martial status of the parents like if any suit for divorce is pending?
In any case on can always always challenge this interim order of the Wards Court before the high court.
ashok
(Querist) 01 June 2014
child is with husband in joint matrimonial house,as the mother was forced to leave without her child matrimonial house in 2012 after 8 yrs married life. cases filed under section 9 ,crpc 125 and dv act,pending.please advice.
ashok
(Querist) 01 June 2014
child is with husband in joint matrimonial house,as the mother was forced to leave without her child matrimonial house in 2012 after 8 yrs married life. cases filed under section 9 ,crpc 125 and dv act,pending.please advice.
Rajendra K Goyal
(Expert) 02 June 2014
Challenge the order in higher court if not found suitable.
T. Kalaiselvan, Advocate
(Expert) 02 June 2014
