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K S (SW)     17 December 2015

Child custody and protection order

Hi Everyone,

My wife applied for divorce in July 2014 and I supposed to submit written statement next week. She is suffering from bipolar disorder and compulsive lying disorder and other associated borderline personality disorders.There are very huge number of contradictory statements among her emails, police complaint(dimissed) and divorce petition. I can list out 50 clear contradictory statements and 50 inconsistent & discrepancy statements. Certain statements, including the divorce petition, clearly indicates that those are the statements of a lunatic. I do not have any evidences to prove her psychological disorders except a mail and  a message, where in she agreed that she had psychological disorders.My son, aged about 5 years, has been living with her since 3 years.She committed suicide earlier and she may commit suicide again and kill my son. Please guide me about how can i proceed in the family court for either interim custody or protection order for my son.   Under which CPC section, can I request the family court for psychological evaluation of her statements or evaluation of her to prove that there is a threat to the life of my son. or Can I proceed for filing a criminal complaint in police station under IPC 503 & 506 by explaining abnormal behaviour and weird statements.
Many Thanks



Learning

 5 Replies

saravanan s (legal advisor)     17 December 2015

file a child custody case under guardian and wards act stating the details about how you are worried about her mother holding the custody of the child at present

jyotirmaya behera (advocate)     17 December 2015

contact to you lawyer. he can help you to file a misc case for child custody

K.S.Srinivas (Advisor (HR))     18 December 2015

The guardians and wards act 1890 placed the onus on father to prove that it was not in the welfare of the infant child to be placed in the custody of mother .  If you prove that the child is not safe if the custody is given to mother because of her mental condition and you can prey the court accordingly.
 

T. Kalaiselvan, Advocate (Advocate)     26 December 2015

As suggested by learned friends, you may first try to get the custody of your child on the basis of her mental disorder and after that think of next course of legal action with regard to your matrimonial life. 

advice   21 February 2016

my friend got MUD in condition ex husband to meet the child(ie visitation) ? now my friend to married and want to go aboard. whether his ex  can file  a case for child custody?


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