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Neeraj Yadav   30 May 2017

Child custody

HI
synopsis

Marriage - May 2013
child birth - Feb 2014
wife deserted - 25th july 2014
wife left the child with us - 11th march 2015
relocation- i relocated to Chandigarh on October 2015 along with child and my mother.
File GWA by wife - Feb 2016 at Delhi where my permanent residence

luckily my 3 year old child (baby girl ) is in my custody since 11th march 2015 when my wife left the child at outside the caw kirti nagar delhi in a car where i was along with my two uncle sitting in that car, immediately i called to pcr and gave written complaint to police on the spot and they provided me dd no which i used further to get RTI reply of my wife statement.
After almost 1 year of this incident my wife file GWA under section 12 and 25 to seeking custody of child at Delhi Dwarka  court and court awarded visitation to my wife and disposed off the section 12 application  (2 hour every month)

i filed reply of her petition of section 12 and section 25 in Feb 2017 along with the preliminary objection of jurisdiction since child ordinary residing at Chandigarh .Jurisdiction still not decided and it is pending.

Now on the previous visitation date on 27th May my wife through her lawyer moved an application for summer vacation and demanded 30 days child custody for mother Although i didn't get any notice and was not aware . they supplied me application copy and judge gave me next date on 5th June 2017 for reply and argument.

i concluded three option to avoid this date

1. filed separate jurisdiction application 7/11 and file pursis that application supplied to me with out taking on board and previous date was not a regular date
2. File an Adjournement application
3. on medical ground

 

Now please suggest me the best way to avoid temporary custody of my child to my wife.

is there any way that her application became infectious or useless ?

or it is the only option available to me that file reply of her application and fight on merit.

Regards
Neeraj Yadav
9915269688



Learning

 7 Replies

Ms.Usha Kapoor (CEO)     30 May 2017

Unless the mother shows lot of interest ansd affection fo rthe child court will not give child custody to your estranged wife. If your credentials are good such as love and affection fo rth echild bwetter financial position no immediTE THREt of bringing step mother etc the court will grant xchild custody to you as welfare of the child is of paramount consideration in the eye of law. If th echild feels more secure in your company court will entrust the custody of the child to you only under Act.This is as PER gUardians and Wards Act ansd Hindu Minority AND GUARDIANSHIP ACT.

Ms.Usha Kapoor (CEO)     30 May 2017

Unless the mother shows lot of interest ansd affection fo rthe child court will not give child custody to your estranged wife. If your credentials are good such as love and affection fo rth echild bwetter financial position no immediTE THREt of bringing step mother etc the court will grant xchild custody to you as welfare of the child is of paramount consideration in the eye of law. If th echild feels more secure in your company court will entrust the custody of the child to you only under Act.This is as PER gUardians and Wards Act ansd Hindu Minority AND GUARDIANSHIP ACT.

Ms. Usha Hegde (CEO)     30 May 2017

Originally posted by : Neeraj Yadav
HI
synopsis

Marriage - May 2013
child birth - Feb 2014
wife deserted - 25th july 2014
wife left the child with us - 11th march 2015
relocation- i relocated to Chandigarh on October 2015 along with child and my mother.
File GWA by wife - Feb 2016 at Delhi where my permanent residence

luckily my 3 year old child (baby girl ) is in my custody since 11th march 2015 when my wife left the child at outside the caw kirti nagar delhi in a car where i was along with my two uncle sitting in that car, immediately i called to pcr and gave written complaint to police on the spot and they provided me dd no which i used further to get RTI reply of my wife statement.
After almost 1 year of this incident my wife file GWA under section 12 and 25 to seeking custody of child at Delhi Dwarka  court and court awarded visitation to my wife and disposed off the section 12 application  (2 hour every month)

i filed reply of her petition of section 12 and section 25 in Feb 2017 along with the preliminary objection of jurisdiction since child ordinary residing at Chandigarh .Jurisdiction still not decided and it is pending.

Now on the previous visitation date on 27th May my wife through her lawyer moved an application for summer vacation and demanded 30 days child custody for mother Although i didn't get any notice and was not aware . they supplied me application copy and judge gave me next date on 5th June 2017 for reply and argument.

i concluded three option to avoid this date

1. filed separate jurisdiction application 7/11 and file pursis that application supplied to me with out taking on board and previous date was not a regular date
2. File an Adjournement application
3. on medical ground

 

Now please suggest me the best way to avoid temporary custody of my child to my wife.

is there any way that her application became infectious or useless ?

or it is the only option available to me that file reply of her application and fight on merit.

Regards
Neeraj Yadav
9915269688

All OK.  But judges and advocates are biased. Very less chance of you getting custody.  You can do other means but those are illegal means.  Decide before ocntacting me.

Neeraj Yadav   30 May 2017

Miss Usha,

 

thanks for the reply but can you explain why there is less chance of custody and how can i retain custody whatever is the way illegal or legal.

 

Rgds

Neeraj

9915269688

Neeraj Yadav   31 May 2017

i specifically asked this to Miss usha ..you dont need to comment with such flity languague.

 

 

 

 

whatnot   31 May 2017

The system is biased towards maintaining status quo.

That means child remains where it currently residing and other party gets visitation rigths and case will go on for GWA>

 

Since it is for immidiate custody and you have not recieved legal notice from the court you may ignore and play for the time.

 

But this is temoraray. You may additionally file for GWA within juridiction of your current stay and move an application to move their petition to your place of residence.

 

Never let the custody to go. They will play dirty tricks to gain the custody. Keep vigil all the time.

It is better to move away from all known address and start new life if possible.

 

Neeraj Yadav   09 June 2017

Thanks for the reply.. on the summer vacation appliation where my wife seeking 30 days temporary custoday judge ordered 7 days custody form 19th june to 26th june to my wife. and i need to handover my child  to my wife at my lawyer chamber on 19th  june at 2 :00 PM and she will return my child  back on 26th june at same place as the court will be closed during this period.

Now i have storng apprehension that  if i hand over my child on said date then she won't return back my child. how can i ensure that she has to return my child my child age is (baby girl ) is 3.3 year old.

GWA section 12 (interim custody ) already disposed off and she got once in month 2 hour visitation right.   please advise


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