Syed Aijaz 16 May 2023

Child custody

Respected Legal Experts,

Long story short.

My ex-wife filed a writ petition as Heabeaus corpus (False charges) in High Court in 2019 asking for a Child Custody stating children are minors (Son 2 1/2 years and Daughter 4 1/2 years) summons issued to me and I produced the children in High Court, based on investigation and examination, Chief Judge passed the orders in my favour as mother use to torture minor children and I proved that in High Court. High court gave visitation rights (Sat and Sun) to mother stating mother can visit Bharosa centre and free to meet the children between so and so hours. High court also directed both the parties can file case in Family court for any modifications of orders. Mother filed GWOP in Family court for modification or orders in interim petition and to grant her permanent custody in main OP. Family court examined the children and passed the interim orders in my favour and gave visitation rights stating mother can come and meet children in Family court twice in a week for so and so hours. She use to come and meet children. During Covid 2021 she illegally detained the children during visitation and absconded from home, I made complaint in area PS, though I had High court and Civil court orders area PS asked me to get the court permission to get the children from her. We filed a out of order petition along with return of Custody petition in Family court and she was summoned to produce the children, she took 6 adjournments with nonsense excuses and passed 6 months, Judge gave her final warning post which she produced the children, in those 6 months she influence the children, brain washed the children and upon production she was pushing Judge to examine the children again now, Judge examined the children and dismissed our return of Custody petition stating children wants to be with mother now and passed the dismissal order. As soon as my return of children petition is dismissed I understood that Family court Judges could not even understand the motive behind illegal detention of children, when they can't implement the orders they should not passing the orders. I lost faith in our Judiciary system, waste of time and money. As I can't leave my kids with her I will try until my last breath, main concern now is, I changed the Family Adv as he couldn't fight back or made Objection during reexamination of children, I approached a new Lawyer and he told me challenging order time is 90 days, he took some amount as advance and did not even file a petition in High Court saying he was not well, upon following up with him he is not answering my calls, 90 days passed and need to appeal in a High court or challenge the family court order. Please advise. Thank you for your precious time.

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5 Replies

T. Kalaiselvan, Advocate (Advocate) 17 May 2023

As the appeal period is only 90 days, you can file a petition under section 5 of limitation act to condone delay in preferring the appeal along with the appeal before the high court and challenge the trial court order.

Dr J C Vashista (Advocate) 17 May 2023

You have already stated to have lost faith in law / judiciary even then continuing to proceed / contest through learned lawyer(s). Accordingly any opinion / suggestion / advise provided would be wastage of time and efforts of experts.

Niharika Lohan 18 May 2023

Hi Syed, I’m Adv. Niharika and here is my take on your query.

I can understand your plight mentioned above. Unfortunately, the period of 90 days elapsed and the order had not been challenged. Therefore, that remedy has been exhausted.

However, there is another opportunity that may still avail, which is filing an application for condonation of delay under sec.5 of the Limitation Act. In lay man terms, you have to give reasonable and sufficient grounds that why did you get delayed in filing a challenge against the order. If the Court finds your reasons valid and prudent then they will condone the delay which has elapsed.

I’m attaching an article on condonation of delay for your reference, kindly see.

https://www.lawyersclubindia.com/articles/condonation-of-delay-in-case-of-appeals-5162.asp

I hope this answers your query and if you have further questions, you can reach me at niharikalohan@yahoo.com

Syed Aijaz 18 May 2023

Sir, when you go through such situations only then you can understand the real fact of Juriciary system.

Syed Aijaz 14 June 2023

@Alpa, please read my case carefully, do you mean though any of the parties has custody order still opposition party can illegally takeover the custody? then what is the value of the court order.