BattleBegins (s) 18 August 2018

In gwa case, can i ask for all medical history of child ?

My wife left me 2 years back and she gave birth to baby girl at her parent's house. Since birth of my daughter i didn't see her. She filed various cases against me and my family members before her birth. Now all the cases are still under trial. I have filed custody case under GWA for my daughter. As my wife gave my daugther to her ( wife's) aunty without my permission and without any legal process. I don't have sufficient evidances to prove that she gave my daughter to her aunty. So i filed child custody case to get custody of my daughter.

My question is, Can i ask for reports/documents of all medical treatments done for my daughter since her birth till date in custody case ? If so under which section i have to make application. As based on that i will have some evidances that my daughter resides to her aunty's house.

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7 Replies

P. Venu (Advocate) 19 August 2018

More than the documents, it is a question of fact whether your wife has given the Child in adoption to her aunty. Is your wife and the child staying with her aunty or the child alone with the aunty?

BattleBegins (s) 19 August 2018

Child alone reside with her aunty. Wife live at her father's house.

P. Venu (Advocate) 19 August 2018

The question is, how can you prove this statment. You need to garner facts in support.

BattleBegins (s) 19 August 2018

Yes that's the main question. As she will refuse about the adoption. But her relatvies and everyone else knows that she given child to her aunty. There is no solid evidance to proof this situation. So i want to ask medical treatment records as i assume that her aunty did treatment of child nearby her house instead of where my wife lives.

BattleBegins (s) 19 August 2018

And based on this records, we can call the doctor for cross examination and confirm that her aunty brings the child everytime to his/her clinic for treatment and not the mother.

P. Venu (Advocate) 19 August 2018

There is an extreme option available: to file Writ of Habeas corpus alleging the Child to be in the illegal custody of the Wife's aunty.

Dr J C Vashista (Advocate) 20 August 2018

You have already engaged an able, competent and intelligent lawyer to contest all of your case(s), what is his/her opinion and advise? Have you lost your faith in your lawyer? If so, change him/her immediately, otherwise, proceed as advised.

Prima facie facts of your question are unbelievable and academic in nature for which you must join some coaching institute/ college or university.