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din (B)     08 March 2012

Child custody

I had petitioned in the family court at Bangalore for my daughter custody - now residing with my father in laws house, my wife has expired in 2007. The family court has passed the judgement in my favour and the child is to be handed over to me before March 28 2012.

On requesting my in laws to handover my daughter to me they are refusing. Kindly let me know how to proceed in the matter




 5 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     08 March 2012

That's contempt of the order of the court. Put your position before the court who has passed the order, else file a contempt petition. 

Advocate M.Bhadra   08 March 2012

Lodge a Diary to the Police with a copy of Court's oder then file a Petition u/sec.97 Cr. P. C. in  Miagistrate Court  for wrongfully confinement of your child and you can also file a petition for Contempt of Court in the Family Court.

Sandeep Naik (Advocate)     09 March 2012

U have not mentioned the age of ur daughter and why ur in laws is refusing . Since ur wife is nomore now , it is possible that ur inlaws may have emotionally attached with ur daughter. Dont haste . Law is a wepon  but it should not be used unless it is necessary. Though I am advocate, I am giving u sggestion to handle scuh situation with delicate hand. It is p[ossible that ur daughter may have attached to ur inlaws and family members. Nothing is said about the period she is there . All these things matters. 

Adv. Sandeep Naik.

(Mob: 99670 56980 - Mumbai High Ciourt . Email : sandystorm_1995@rediffmail.com

ad. creaminall (professional Advocate)     10 March 2012

i fully agree with MR. Sandeep Naik.

Kumar (Family CEO)     26 March 2012


You can see the two approaches that you can take from here. One is litigative and the other ( Sandeeps) takes into consideration human factors.

From the learned lawyers advice, it appears you may "win" but the win may be the begining of your losses and new grief if you dont handle the matter with sensitivity it deserves. 

My take on this is to retain a lawyer like Sandeep but develop a cross functional team involving a child psychologist, family and marriage therapist, social worker and approach the issue with collective decision making. 

Let a neutral party or social worker or a pschologist champion you to the in-laws and make them understand the role of a father in childs life. Dont start custody tug of war now. The bonds between your daughter and the in-laws may have grown strong enough for the child to treat you as a stranger. Start with visiting the child for a few hours on the weekeds and play with the child,assist the in-laws with some chores and slowly build bond with the child and in-laws but dont take the child out of the current environment. After a period of time, get a social worker / child psychologisit assess the situation and provide recommendation. Try to improve your parenting skills and get to a point where you are respected and loved by the child and in-laws. 

Some questions you may wish to consider/answer for the sake of developing a strategy and soliciting free public opinion/wisdom of the crowd.

1. How old is the child ?

2. Is the child male/female ?

3. What is the proffession of the in-laws. Are they working/retired grandparents ?

4. What school/education/activities is the child involved in currently ?

5. What is your marital status - married / single/dating. Are you straight or other ?

( an unstable, socially unacceptable personal life of the father is not in the best interest of the child)

6. When did you last see your child ? 

7. How many days are you in contact with the child on an averega in a month. Does the child recognise you as the father ?What does the child call you?

8. Are you employed ?Do  you have a place of your own ? Do you have any resource to support the upbringing of the child.

9. What have you done for the child since the birth of the child ? e.g school admission, fees, medical ...any support you have provided.

You have my sympathies.All the best



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