Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Deepak Kathuria   09 November 2018

Childrens posession after seperation

Sir I got seperated on july-06-2018 and my wife has taken both childrens with her. Marriage took place in February 2002. Younger Kid is of 14 years (Boy) and girl is of 16 years. I have filed suit under section 9 already. But I want my childrens back. Can i get both of my childrens


 10 Replies

Kumar Doab (FIN)     09 November 2018

The separation is by divorce by court?

Has court awarded custody to mother?

Deepak Kathuria   09 November 2018

No Sir, by separation I mean she left my house on 6 July 2018, I filed suit under section 9 and notice were sent to her last week. It would be first date in court. NO COURT HAS ORDERED SEPARATION OR CHILDREN'S CUSTODY EVER.

Suri.Sravan Kumar (senior)     10 November 2018

you did not post full facts of your case. pl provide full facts so that we can guide/advice you properly.

G.L.N. Prasad (Retired employee.)     10 November 2018

Now it is the decision of the court, and after completion of minority the individual decision of children..

Kumar Doab (FIN)     10 November 2018

It is beleived that you are Hindu.

Father is natural guardian.

If possible bring the spouse, children back amicably and enjoy the married life.

Or if possible bring the children back, without any altercation on record and thus invitation to complaints.

If your children are in your favor or not under any influence/pressure, they can express to stay with you.




Kumar Doab (FIN)     10 November 2018

You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, etc to resolve the matter if any, and/or  find a very able LOCAL counsel specializing in concerned filed of law e.g; Family/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you and even help you.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

There are such very able counsels at each location.

Check for such counsels at LOCAL e.g;, O/o Family/Civil courts, HC, SC …

You can also try to get free legal advice from FREE Legal Aid that is usually in LOCAL courts Complex..

Deepak Kathuria   10 November 2018

No, childrens are under full influence of their mother & Nani (Who is the mastermind)


Kumar Doab (FIN)     10 November 2018

Welfare of children is of paramount interest to courts.

The children may be asked by court with whom they want to be and court may also ascertain if children are under influence.

On attaining adulthood the adult can chose to be independent.

If they realise that father is good they can come to father.

Father is under obligation to maintain children and marry daughter.

Yuou may avail the gudance and support of avery able LOCAL counsel as already suggested to win in court and defaet the contentions of OP........if matter canot be resolved amicably.

ANAMIKA VICHARE (LAWYER)     13 November 2018

Please try to understand, filing litigation ill take so much of time, that your children get major then you cannot claim custody.    Therefore , use your brain and heart both at a time and approach your wife and smartly be with your children.   Further secret advice 7506552608

Have a Heart Foundation (Sales & Mktng)     02 February 2021

A Survey is being conducted for Reforms in functioning of Family Courts in India.

Separated Parents in Child Custody / Visitation disputes are requested to participate and fill the form in link below.

Our Children Deserve Better

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Recent Topics

View More

Related Threads