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K S Segar (Director)     07 June 2012

Child custody


I have 2 children (a male of age 13 and a female of age 12) and they never showed any affection towards their mother.  But they were forcibly removed from me by their mother with the help of police.
After that for the last 2 years she never allowed  me to see them and moreover they were tortured by her very much.
I have filed a G.O.P. in the district court and after 2 years the court ordered that during school days the children should be with their mother and during each and every holiday they should be with me.
So I took the children to my house in half yearly, deepavali and pongal holidays. During that time they told me that how badly they were treated by her during that 2 years with tears.
I was very much shocked.  After spending the summer holidays with me they are not willing  to go back to their mother.  
Meanwhile my wife appealed to the high court and it is still in the court.  I have to wait for judgement.
So I  asked my children to go back and stay with their mother for atleast 3 or 4 months but they just refused.
Now my wife went to the police (not court) and they started their procedure.
This is my current position.
What can I do?
Shall I approach the district court ? or
Shall I approach the High court ?
If I shall then how ? 
what is the procedure ?
Kindly answer me.
Thanking you.
KS Segar.


 6 Replies

threeleafe (awaited)     07 June 2012

Sit pretty, whenever, the situation comes take these children and letthem say that they don't want to go to their mother.


If they say that your wife will not be able to to anything.

manish (cdsdfasd sdf)     08 June 2012

i dont understand why this has not been brought before the judge. The children are quite old and their voice matters. Dont come into the police dhamkis. Give full support to your children and dont send them forcibly to ur devil wife.

Adv Archana Deshmukh (Practicing Advocate)     08 June 2012

If the appeal is still pending in the high court, then you approach the high court along with the children. Let the children tell the court how badly they were treated by their mother and that they do not want to go to their mother's place. In any case for custody the welfare of the child is of paramount consideration. The children are quite grown up so the court will take into consideration their preferances and would also consider their story.  If she is illegally using police to take custody of the children then, take action against police. 

bhima balla (none)     08 June 2012

Assuming you have not brainwashed them and it is true, that your wife has indeed treated them badly-

fight like hell-

1) To get custody of the children.

2) Bar any visitation from your wife. She does not deserve it!

MRRpersonality (Knows very little about Indian laws)     12 June 2012

Actually you approach your local police station as well and make a complaint that the children are being harassed by your wife.  Let the children make statements themselves.   The police can not refuse a complaint.  Take an acknowledgement of the complaint and submit it to the court that the police failed to provide protection to the children who are being harassed.   The court will given protection and/or restraint order on your wife and her existing custody relationship might cease.


What did your wife appeal in the High Court ?  Is it to deny your any visitation or temporary custody right ?  With the police comlaint (along with the statements from your children), approach the High Court to move urgent and give restraint orders.


In addition, which not many people consider as useful method, is to approach child psychiatrists, child counsellors and have a few sessions with the children.   Mind you, this kind of parental separation is an extremely stressful situation for children and they need to be seeing cousellors to be more resilient.   Skillful child psychiatrists can assess the damage caused by your wife to your children - and they are smart and they can figure out if she really did cause any harm to the children.    You can take the psychiatrist's report and produce it in front of the judge.  


The children are with you.  Please do not misuse the privilege and right given to you, but try to do what is true and justice for the children by properly utilizing the time they are with you.   Ultimately they are your children - and if they want to live with you and if that's where their welfare is then they must live with you.  It is equally important and good thing for you - if they want to live with their mother and if that's where their real welfare is.

Anjuru Chandra Sekhar (Advocate )     12 June 2012

They may be liking you because they are spending Holidays at your house.:)


Joking but you can take advantage of it.  You did not convey whether you have obtained divorce from your wife or not.  If you have obtained divorce from your wife, in the same OP you can seek custody of child under S.26 of Hindu Marriage Act, 1955.  The welfare of the children is of paramount consideration. Court must take the wishes of children into consideration according to S.26 of HMA.


It is well settled principle that in matter relating to the custody of the minor child the interest and welfare of the child is the paramount consideration and not the convenience or pleasure of the parents; Kumar v. Jahgirdar v. Chetana K. Ramatheertha, AIR 2001 SC 2179.

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