J. Gopinath (Freelance writer) 09 September 2009
My wife, suspected to be Narcissist, is retaining our Son of 4 Y and 10 M. She recently filed HMOP for self and son. My IA for Interim Custody is pending before FC for 2 years. I have access to my son since his birth once in a month and discharge my fatherly responsibilities. How can I get custody of my son, under these circumstances?
Prakash Yedhula (Lawyer) 10 September 2009
Since you have already moved the family court and the application for custody is pending, you need to pursue the said application based on the averments made in it. If your wife has a personalilty disorder, you need to prove that by medical evidence. Mere allegation is not going to help you. SInce you are the natural guardian of your son, you can press for custody. In custody matters, the paramount interest of the child is taken into consideration.
As the application is pending for 2 yeras you can press for early disposal by filing a CRP under Article 227 before the Constitution of India.
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