gurdianshipcase
sunny
(Querist) 01 December 2010
This query is : Resolved
I Am Maternal Uncle contesting case of guardianship of 2 minors children (Age 11 yrs and 7 yrs) against their Grandma.Both Parents of minor are died in accident. and same accident they were injured and in coma and their condition was serious. thereafter both are taken care by me.
I have done all medical and hospitalization around 7 to 8 lakhs for them.and grand ma never turned to take care of childern for single day even they were in coma and hospitalized for 9 months.and now shedding crocodile tears.
I Have all document and bills and many evidence and proof with me.and my case is in evidence stage in district court where i was applicant and opponent is Grandma.
My Advocate in our say not much emphasis on strong point as he was saying we will do that in argument stage. after that opponents filed objection to our application and filed frivolous and vexatious objection saying baseless, proof less false things they were taking care of minors and accusing me instead.in our say to their objection our advocate just denied what they said and nothing else apart fromthem.
Even though he does not taken all document for proof just taken few and was saying this is good enough . even we are saying doctors can give oral evidence in court and
many other oral evidence can produced he is saying no need to do that.
Now our Document what we submitted in court as considered as Article Instead of Exhibit as opponent were saying they will verify all bills and report. though i have produced all information and original documents in support of that in court still what they are verifying.
My question if anty evidence is considerd as Article instead of Exihbit will it matter in deciding case? what is significance of it please Elabortae on this?
And guide me what to do in this case to prove me strong?and please elaborate on Article and Evidence.
adv. rajeev ( rajoo )
(Expert) 02 December 2010
Whether you have taken a contention that grandma is old she is not in position to take care of the minor children. It is to proved by you.
It is better to lead the evidence of wittness to prove that you are taking the care of minors and they are in your custody.
Sathyan A.R.
(Expert) 02 December 2010
at the first instance please improve your English or show someone before you post it here and get it corrected.
now the question is whether your guardianship is bonafide and whether you can recover the money spent from the estate of minor.
Normally paternal grandmother claim as guardian is up held over uncle unless you prove as stated by adv.rajesh you have taken contention otherwise.
Nogeneral answer could be given unless the case is discussed in length and breath
9822252492
arun bansal
(Expert) 06 December 2010
the issue of welfare of child is the paramount consideation point while deciding the issue of guardianship it was decided by various courts. Therefore maternal uncle can claim its right of guardianship on the issue of guardianship the present custody of child the welfare financially as well socially. thier education and other criteria are necessary while deciding the guardianship in absence of natural parents a person who fulfill above criteria ask the guardianship of child by proving so
Arun Kumar Bhagat
(Expert) 12 December 2010
Eligibility criteria of both sides shall be considered by the court. Supreme Court time and again said it is the welfare of the children which should be of prime concern.Have faith in judicial system, you will get justice. Exhibits means evidence duly proved in accordance to Indian evidence Act.
