abdul rahiman (jto) 23 July 2010

child custody-execution petition

Hello Sir/Mam,

I have filed a petition in a district court for the guardianship of my brother-in-law's 6 year old son(muslims).The case was like this,2 years ago my brother-in-law(aged 30)died due 2 cancer,after his death his wife along with the son went 2 her home and didi not allow any one of us,not even grandma n grand pa to see their grand son.she even did not care about his education,and already one n half year of his academic life was wasted since the death of his father.and the other thing is that her parents are planning for her marriage again.In these conditions we(on behalf of child's grand-father) have filed case against them for the custody of child.

with some terms and demands,child's mother agreed to hand over the child to us,and the case was settled with the mutual compromise at lok-adalat recently.we also gave her the amount she demanded,there itself and the Award was passed.she handed-over the child to us,and he was very happy to stay with us,and to our surprise he never asked about his mom even once,but there was a condition that mother has right to look after her child during vacation,she requested to send the child 2 her home for 2 days which we did,after the vacation when it was time for the child to join the school,but his mother refused to send him to our home for no reason,and we even dont know where she is now,it had been a month,we dont have any information about the child.Then,i have filed E.P against them.but,the most important thing is the child's education as he will lag 2 years of his academics.Sir/Mam please suggest me,what can i do,if this process takes a long time as there is a urgency of his education.

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1 Replies

(Guest)

1. Just immediately File an Habeaus Corpes Petition before HC with prayer for shortest hearing date without any further delay (make everyone party to it including State), therin pray for prodicing child before HC as well as immediate handing over the child to you all and simultaneously lodge a abduction / kidnapping report at g'parents jurisdiction police station attach this copy with abv. HCP. Take receiving of the report from PS.

2. EP is not required at this stage in my opinion as child was already living with you / handed over by mother based on terms and conditions of agreement done at Lok Adalat. You folks played well your part to the T & C but as per T & C of agreement during visitation you gave the child to mother but she played spoil sport and retained illegal custody of child. Meanwhile inform school softly of bringing back the child as the child is ill and pay regular fees to the school otherwise child name be struck off if child absent for 30 days as is practice in majority of schools now-a-days.

Que. : Where g'parents live (city / state) and where mother lives (city / state) ! This is to advise on jurisdiction in child HCP / Custody / Visitiation que. which you may later ask !

However, I may have missed something from your abv. brief which other members may educate accordinglty.

Rgds.