Vj (.) 11 March 2012

Child custody

Last Feb 2011, my wife applied of divorce in court, with false dowry allegations, case was later referred to mediation counsel, in which my wife was stubborn to take divorce from me..I was for re-joining at whatever conditions she would agree...mediation failed, as she was not attending the sessions, later the case was referred to court for hearing....My wife side have alledged that i have taken dowry in the form of gold and so forth...worth more than 10 lakshs...she is not working but highly educated (MA Socialogy) my d.aughter is with her custody, I got admission for her in a international school before we separated, now i am paying all the fee expenses online past 2years and sending Rs 4000 to my wife account onine to meed her basic needs (currently she is staying with her mother (earning) bros(earning-unmarried) father (no more before our marriage-mother getting family pension for his demise) staying in a own house. In this condition, i am still fighting not to give divorce (but willing to re-join). Also I i got to know from the school authorities, that my daughter was absent for entire July 11, without any proper reasons, i have then put an appllication to court for child custody on back of the same divorce application filed by my wife (sec 13.. ) The judge accepted our written arguement, my wife lawyer opted for oral arguement (He failed to fair well-Judge indirectly quoted this), later Judger fired at my wife on her allegation note and spoiling the family institution and disallowing visitation to the father. and have gave a clue to my wife that he may pass order to put my daughter to an well known residential school, wher the daughter will not be victimised and bothe the parents will have the right to visit my daughter....and has reserved the case on my child application for order (24-jan), meanwhile on 24-jan the case was not listed for hearing , but was in the order diary, but judge has adjourned our case, may be reasons known to him , or if he has not prepared with the order .but meanwhile, since my wife was not happy with her lawyers performance (forecasting her failure) has changed her lawyer and her new lawyer has given new vakalath for hearing and hence the judge has given next date for 20-feb for hearing..for a case reserved for order (is this possible)....During this tenure...by 20 feb the judge got promoted and the bench clerk has given new date 24-mar for the new judge to proceed with our court hearin.....I was so happy , i would get the order in my favour and that will help me to see my daughter after 2 years.. What are the opti0ns i have to challenge the court for the case reserved for order has been called for hearing (neither the old judge who has best judged our situation have not noted any observation on my child custody application arguments.....) Help me how do i proceed

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4 Replies

Vj (.) 11 March 2012

Pls help me to see my daughter soon

Tajobsindia (Senior Partner ) 12 March 2012

@ Author,

1. File a Revision Application U/s 4 A (3) sub Clause 1 GWA R/w S. 115 C.P.C. OR only under S. 115 CPC (generic as the case may be of querriest coming here with similar questions) before ld. DJ to give direction to same ld. PO who heard the arguments of parties and reserved the case matter for Orders and meanwhile got transferred / promoted to next Court (annex the last Order sheet of the same Court where it says matter reserved for Orders) humbly submitting before ld. DJ that child custody matters to be decided one way or other as expeditiously as possible and quote below two rulings;

Re.: Laxmi Kant Pandey Vs. Union of India, AIR 1986 SC 272 and Farjana Banu Vs. Parvez Alam, (2004) 3 GLR 405 where it was held;

“Applications / Petitions under Guardians and Wards Act, 1890 should be considered and decided expeditiously in 2 months time in the paramount welfare of the child as prolonging of the litigation is not in the best interest and welfare of the minor child.”

Reasoning line 1:
From time to time various State HC’s comes out with Circulars / Directions to their lower Courts where it clearly states that all those matters which were heard and put up for Orders be decided by same PO upon their elevation to next Bench and or allotted different Courts and while they are transferred to different Courts.

Reasoning line 2:
Is in the very two Judgments quoted above "the paramount welfare of the child as prolonging of the litigation is not in the best interest and welfare of the minor child"