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Neha   29 August 2021

Child custody - objections/respondent's reply template

Hi All,

My husband and I have been living separately as there have been multiple issues and due to the harassment caused to my son and me by husband and his parents.
Our 6 years old son is currently with me and refuses to even talk to my husband. 

My husband has moved to the Family Court, Mumbai and filed a Custody Petition and Interim Application for Access. He did not inform me or send any summon and recently obtained an ex-parte order for Interim Access too. There is no other ongoing petition for DV or Divorce yet. 


After the order was obtained, on the next hearing I was provided with the Petition copy. I now need to file my Objections/reply and I plan to represent my case in person.

Please help me with your inputs on the below questions

1. Is there a template or sample reply that I can refer to while preparing my Objections/reply?

2. What are the various stages and next steps once I submit my objections/reply?

3. Do I carry my reply on the next hearing date or does that need to be submitted earlier?

Thanks in advance for your valuable time and inputs.



 7 Replies

Pradipta Nath (Advocate)     29 August 2021

I believe you are talking about ex-parte visitation right? In case you want to have custody of your son, you need to contest it on merits. Apart the Court will decide the custody in the paramount interest of the child. 1. You may go through the petition of your husband and reply it accordingly in para wise. 2. Better to ask the Family Court Clerk or refer the cause list or else you can hire an Advocate only for the purpose and teach you for your case. 3. Submit your pleadings as on date fixed by the Family Court.

Neha   29 August 2021

Thank you so much for your reply. Yes, ex-parte visitation rights, pick up on Saturday morning and drop in the evening. However, my son refuses to go. 1. I will file objections para wise and do I include new and important points which he has conveniently left out in the end after that? 2. Is there any website wherein I can understand the stages and sequence like Return of Notice Summons etc

Dr J C Vashista (Lawyer)     30 August 2021

Facts of each and every case are different and there is no such scientific formula / rule to apply on every case. If you are unable or do not intend to engage a private local prudent lawyer to protect your own interest /benefit, you may approach Secretary District / State Legal Service Authority (every court provides the service) to provide you professional service of a counsel at the State expense, which can not be guided on this platform.

P. Venu (Advocate)     31 August 2021

It is less than convincing that the child refuses even to talk to his father. Certainly, your husband would have another version. You may file objection at your discretion at any time before the next hearing date or even thereafter, if the Court so permits. However, you are required to comply with the directions as to the visitation rights of the child's father. Else, it could lead to initiation of Contempt proceedings. If you really have convincing case, you need to approach the High Court and get the interim orders stayed.

Neha   01 September 2021

Thanks a lot Dr. J C Vashista.

Dr J C Vashista (Lawyer)     05 September 2021

You are most welcome Ms, Neha Best wishes

Neha   07 September 2021

Hello Everyone, I have drafted my objections. I need one confirmation - The Original custody Petition has 3 main sections - 1. Humble Petition of the Petitioner 2. Grounds and 3. Prayer by the Petitioner. In my Objections/reply what should the corresponding parts be called? Would it be Objections by the Respondent, Grounds, Prayer and supporting Exhibits ?

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