RANGAM SREEDHAR 15 August 2019

Child custody

Dear Sir,

I am NRI, My wife died due to cancer and filed FIR before 10 days of her death. At the time my 2 years baby was with my wife and later their parents denied to give the child to me. I tried in Lok Adalat but of no use and filed GWOP but from past one year due to PO transfer no progress in the case. Now, 498A in the summons to witness. My wife's parents required money for giving my baby to me.

Finally decided to get a petition from the high court for disposing case on top priority.

Now I have small doubts and request your help,

1) Will 498A stops in getting custody of the child, I paid 40 lakh for a hospital in the treatment of my wife and got full evidence so not bothered about 498A case.

2) I heard that they are teaching my 3 years baby that she doesn't want to go to her father. will court accepts the minor request.

3) As I am NRI, I can't attend court regularly, so can I give GPA to my mother.

4) Is it possible to give GPA for 498A case?

Thanks

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4 Replies

Dr J C Vashista (Advocate) 15 August 2019

What is the allegation in FIR?

Whether FIR is u/s 498A IPC or some other section is imposed?

No opinion can be formed to oblige you on limited information posted here.

What is the opinion and advise of your lawyer? Have you lost faith in your lawyer, if so, change him/her immediately.

If your in-laws or mother is located in Delhi and feel so, may contact me (on appointment) with case file at:

Cell # 98911 52939 email: majjagdish@yahoo.com

P. Venu (Advocate) 15 August 2019

In a Court procedding, it is facts alone that count; not speculations or surmises or hearsay. As the only natural guardian, you cannot deprived custody unless there are circumstances that render to unfit to get the custody. As such, your priority should be get discharge, if not acquittal. In a criminal case, you are required to present in the court, unless exempted.

The guardianship proceedings could be entrusted to the POA. However, you alone candepose on matters in your personal knowledge.

Anil Upadhyay (Lawyer) 16 August 2019

please give proper details for case and also state about the allegations made by your wife...
in respect to custody you can get it, but other case will effect on it... so details required..

Have a Heart Foundation (Sales & Mktng) 02 February 2021

A Survey is being conducted for Reforms in functioning of Family Courts in India.

Separated Parents in Child Custody / Visitation disputes are requested to participate and fill the form in link below.

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