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Simhan (manager)     15 March 2017

Child custody

Dear Experts,

There is a child custody case filed by my wife and a divorce applied by me,   since wife not willing to stay in matrimonial home.  Now the childrens are boy 12 years girl 14 years are with me(father) they did not go with the mother.  (Mother left matrimonial home(due to difference of opinion with me) along with her father 4 years back.)  childrens are having school and extra currivular activities and  both father (me) and my parents taking care of the above children all needs,

Now in the court

Wirtten statement submitted by both father and mother counter also submitted by both, marking of documents also done  the case is posted for cross verification.  In the court mother  always tells that she needs the custody of the children since the father cooerce  the children to be with him and father always brainwash the children against the mother  to  keep the children with him,  further the mother tells the judge that let  father support  mother on monetary aspect and let the custody of children be given to mother.  as she is just taking tuitions not employed anywhere but educated.    

In this case father(me) have a doubt that ----  since the childrens are with me (father) for the past four years whether the court will order  father(me) to hand over the children to mother and stay with her for some time before the childrens are being enquired in the court? (even if childrens are not willing to go to their mother's maternal house) (or) whether the court will directly enquire the children on their willingness to stay with father or mother.

Can experts clarify the above situation

 

 



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 10 Replies


(Guest)
Originally posted by : Simhan
Dear Experts,

There is a child custody case filed by my wife and a divorce applied by me,   since wife not willing to stay in matrimonial home.  Now the childrens are boy 12 years girl 14 years are with me(father) they did not go with the mother.  (Mother left matrimonial home(due to difference of opinion with me) along with her father 4 years back.)  childrens are having school and extra currivular activities and  both father (me) and my parents taking care of the above children all needs,

Now in the court

Wirtten statement submitted by both father and mother counter also submitted by both, marking of documents also done  the case is posted for cross verification.  In the court mother  always tells that she needs the custody of the children since the father cooerce  the children to be with him and father always brainwash the children against the mother  to  keep the children with him,  further the mother tells the judge that let  father support  mother on monetary aspect and let the custody of children be given to mother.  as she is just taking tuitions not employed anywhere but educated.    

In this case father(me) have a doubt that ----  since the childrens are with me (father) for the past four years whether the court will order  father(me) to hand over the children to mother and stay with her for some time before the childrens are being enquired in the court? (even if childrens are not willing to go to their mother's maternal house) (or) whether the court will directly enquire the children on their willingness to stay with father or mother.

Can experts clarify the above situation

 

 

 

Married life calls for adjustment.  When you dont want to adjust with each other and stand before court where a paid gentleman is sitting to decide cases, what will he or she do?  He or she will pass some order which is further inconvinient to both the parties and also the children.   That is what will happen.  There also you will have to adjust with whatever court orders. What I suggest is you guys simply take back the cases and come to good understanding how to proceed further, atleast your children will have some respect for you nuts growing up. Dont lose respect in eyes of kids, in turn you will spoil their minds and it will adversly affect their  mental development.

BTW court will give custody to mother only, you can go for appeal in HC against it.

Or go for shared parenting plan.  That is dignified way of fighting for kids custody and visitation rights.  What say?  I can provide you format for shared parenting if you want.

Simhan (manager)     15 March 2017

Dear helping hand,

Thanks for your reply,  Your advice first para well taken,  but  after all possibilities only we go to court.   childrens also not willing to go to  mother.    They are not coerced or tortured by me they stay with me only out of love and affection and seeing the behaviour of their mother.  Please let me know any possibilities to retain children with me, they will get spoiled if they go there.

Reg,

Simhan


(Guest)
Originally posted by : Simhan
Dear helping hand,

Thanks for your reply,  Your advice first para well taken,  but  after all possibilities only we go to court.   childrens also not willing to go to  mother.    They are not coerced or tortured by me they stay with me only out of love and affection and seeing the behaviour of their mother.  Please let me know any possibilities to retain children with me, they will get spoiled if they go there.

Reg,

Simhan
     

If that is the case Mr Simhan, you need to make sure children will say to judge/opposite party Advocate that they are willing to stay only with you and dont wish to go to the mother for blah blah reasons.  That much done, court will give custody to you and visitation rights to mother.

In case you feel helped by my reply, please click on like button here or on my profile page by visiting it, whose link is given below.

https://www.lawyersclubindia.com/profile.asp?member_id=84464

 

1 Like

Simhan (manager)     15 March 2017

Dear sir, Thanks my childrens are aged 14 years girl and boy 12 years now they have sufficient cognetive sense they are willing to tell before judge /anybody  that they want to stay with me only.   I have a doubt whether court will pass orders setting aside their  my childrens wish.   I take care of them in all  aspects from morning 5.30 to until go to their bed, picnic, hotel education, extra curricular etc etc.

Please give me your number so tht i can talk and get a clear clarity from you.

Reg,

Simhan


(Guest)
Originally posted by : Simhan
Dear sir, Thanks my childrens are aged 14 years girl and boy 12 years now they have sufficient cognetive sense they are willing to tell before judge /anybody  that they want to stay with me only.   I have a doubt whether court will pass orders setting aside their  my childrens wish.   I take care of them in all  aspects from morning 5.30 to until go to their bed, picnic, hotel education, extra curricular etc etc.

Please give me your number so tht i can talk and get a clear clarity from you.

Reg,

Simhan


What is the opinion of your advocate in the present circumstance? Please let know.


(Guest)

At this age their education is of prime importance. For that they require peace of mind. I dont know how far your advocate will be able to convince the judge. Everything lies in the hands of your advocate. At the same time you can also speak if permitted by judge.

Simhan (manager)     15 March 2017

Yes, sir, my advocate  aged about 55 years is well known to me  and family members and he knows the facts about me and the circumstances and environment of the children.   He has seen them actually for  the past several years.

Reg,

Simhan

whatnot   15 March 2017

The child well being is paramount in child custody.

 

Since it is already in final stages suggest to weather the strom.

 

One thing that is going with you will be children are almost adolances now.

Once they reach 14 years, they can decide with whom they reside irrespective of court case.

Make all arrangements (may be new house rented under your supervision) and they can chose to saty there.

This battle is almost won. Court hearing is just a eyewash.

If you have care taker , kids will come with you..Let them know their rights.

 

Meantime, do allow them to visit your wife if they wish. Don't poison their mind. Let them the decision.

stanley (Freedom)     15 March 2017

@ simhan 

1. If it is filed under gaurdians and wards at than you would get custody and she would get visiting rights .But ultimately the childrens consent would be taken to decide on the same .

2. If it is under DV act and an interim application for custody is  filed by the mother than the custody of the child would be transferred to the mother and you would get visting rights till the final hearing order is passed the court would decide based on merits and with whon the children want to stay  . If children say no to mother than the custody would remain with you .The reason i have stated it is because  the DV act is a gender biased act .

Simhan (manager)     15 March 2017

Thanks for the reply The case is filed under Guardian & Wards  Act and not under DV act.

Reg,

Simhan


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