Child custody of my son

Querist : Anonymous (Querist) 08 February 2023 This query is : Resolved
I have filed a case for full costody of my son against my husband under section 25 of Wards act.
My husband did not appear in court & want to hide my son.
Court fix next date for ex-party order.
From some authentic source I came to know my husband will not appear on next date.
What order may be passed in ex-party order ?
How can I execute for getting my son back to me ?

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kavksatyanarayana (Expert) 08 February 2023
If your son is a minor, usually general court may issue orders your son is with you.

K Rajasekharan (Expert) 08 February 2023
The court has ample discretion and power to decide with whom the child should stay, based on what is best for the child depending on the facts of your case known to him based of your case file.

The other person will get visitation rights on specific days or period based on the discretion of the court.

No law or precedent or judgement is binding on the court in this regard other than what is best for the child.

Some more details, relating to this issue, are described in my article at https://lawwatch.in/custody-of-the-child-its-legal-aspects/

Advocate Bhartesh goyal (Expert) 09 February 2023
It is settled principle of law that custody of child depends on paramount consideration of welfare of child, court shall pass appropriate order keeping in mind above settled principle of law and fats of your case.

Dr J C Vashista (Expert) 11 February 2023
I fully agree with the advise of experts, the court shall have to consider the issue of "paramount interest" of the child before passing an order / judgement on your petition even if your husband has preferred "not" to participate proceeding of the Court.

Wait and watch.

It would be appropriate to seek opinion and advise of the lawyer engaged / paid by you who is well aware about facts and circumstances of the case, competent, able, intelligent enough and obliged to satisfy your queries.

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