Court's demand of evidence about child's presence
Mohandoss.R.
(Querist) 17 January 2019
This query is : Resolved
Sir,
My Son (a Hindu, aged 36) got ex-parte Divorce in Oct 2017. Child (DoB: 09.01.2014) is with its Maternal grand parents, and its Mother left for Chennai (300 KMs away) for a job. To bring up the child, in a better manner under Father's nose, we applied for Custody. District Judge has returned the case bundle asking for "Proof of child's presence with its grand parents". When resubmitted to "indicate the kind of proof the court requires", it simply returns with two/three words order. When petition filed for "speaking order", again returned "to comply the earlier order". We gave a video of the child travelling in a car, sitting on the lap of Grandma. How can we produce Voter, Aadhaar card, Ration card, etc., when the child was 3+ years only. Is there any law that requires such evidence? Kindly enlighten us, Sir.
Adv Shailendra Deshpande
(Expert) 18 January 2019
Since the child is in custody of his maternal grandparents, they can submit the valid proofs.
Mohandoss.R.
(Querist) 19 January 2019
Sir, The Judge has not registered the case; Without numbering, the Judge returns the case-papers, with directions to "provide proof of child's presence"; Once it is numbered and notice is sent, the Respondent side can either deny or reply the Petition. But, our petition has not been even numbered. Grandparents' residential proof is not accepted. Judge wants the proof of the child's living with Grand Parents. Child is now 4 years old. Is there any law that requires it? Section 9 of Wardds Act does not speak of it. Plz. guide me Sir.
