Custody for 3 year old son

dear murali,

i would like advise you that your should file the writ petition to the high court. Hindu minority and guardianship act 1956 u/s 6 is restricted the child age to pass tender years i.e.5 yrs. however she has refused you as father of that child hence she couldn't allowing you the visitation.. you should try to visit the child in her jurisdiction and if not allowed to see the child you should file the application to the local police station.. if police station won't accept the application then write to the SP mentioning that your inlaws and wife is not allowing visitation of the child. our all the judiciary system require the grass root change/amendment to this law at present.

they couldn't charge you the case of kidnapping as you are also the natural guardian and if you have taken any step it could be in the interest of securing the child it shall be considered and your wife nature shall be come across... you have to prove that since many days your wife haven't allowed visitation of the child becasue of one or any more reasons...and hence you are seeking the custody of child with evidence supporting that your wife is unable for welfare of the child.....love is different and welfare is another point.

court normally grants custody to womens bcoz of many reasons such as ..mother is always right as she has given the birth to the child, womens breast feeding is important to the child as naturally father can not, etc.. however the father is right at his position as natural guardian his primary duty is towards welfare of the child such as education, finances securing child future,etc...

this general views are taken by courts since a long time as these are naturally considered. But if i see your statement like not allowing the visitation, criminal intimidation to you for the child, selfishness of your wife or any other points which could be harmful to your child could be the reason for considering your application of custody and all that you have prove.

most of the court dismisses such cases filed by father to show that women are alwasy superior bcoz judges want to show their records that they are protecting womans and favoring womans laws...the judges attidues are always wrong at such situations for just to show their records...but if you are father and natural guardian of the child you should present all this in your society that such cases are harmful to the next generation and we should all unite to fight against such behaviour of womans..to make amendement in the law.

It is always advisable to file a seperate suit for custody as if the same is clubbed in HMA, it is my personal experience the child custody gets the last priorty in court.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

@Harshal - Thanks for the reply. Thanks to the empathetic support of the esteemed members of this site and related groups, people like me are able to muster strength to fight against the injustice done to us. Kindly involve in the discussion so that you all can guide me to successful fight.

@Shonee - Thanks for the reply and thanks your earlier inputs through mails (and even over phone call). Your experienced replies always make me grow more confident.

I have few points for the esteemed members to clarify me.

1) My understanding of Shonne's suggestion is that I need to file seperate O.P for the child custody and within that O.P, I need to file for visitation rights during the disposal of the main custody O.P. Shonee, please confirm my understanding.

2) If my understanding is right, then what are the various Acts and Sections I need to file the main custody O.P and the associated I.A for visitations. (remind you my son is 3 yr 4 months and i have no access to him, since he was 8 months old, except intermitent incidents wherein i had few happy moments with him)

3) I have couple of Audio clips (not so good quality, but audible enough) wherein my wife admitted quite few things which would turn out to me in my favour for Divorce case as well as the Custody case i am planning to file. But the constraint is that i have those clips in my computer and not in the instrument where i actually recorded. How far these audio clips would be useful as evidence in fighting my case? Would they be valid as primary evidence on their own or should be they be corroborated by some other evidence? Would the clips have validity of secondary evidence or prima facie evidence, at least? Plz clarify me on how good these audio clips be as evidence.

4) In the same way, i have video clips on my computer (and not in the handicam where it was recorded originally) which substantiate few of events i mentioned in the RCR and counter to the Divorce. Plz clarify me on how good these audio clips be as evidence.

5) Same is the case with photographs i have on my computer (and not in the handicam where it was recorded originally) which substantiate few of events i mentioned in the RCR and counter to the Divorce. Plz clarify me on how good these audio clips be as evidence.

6) i have celebrated my son's 3rd B Day in the court premises on that occassion my wife kept herself absent despite judge told her to bring my son in person. She sent my son along with her mother who ensured my son to cry continuously and successfully let all of us down. My son did not even come to us despite we tried to keep him in humor with lots of toys gifts etc. My son showed aversion to cake and was reluctant to cut it and remind you he was in the hands of my wife's mother and was kept on crying relentlessly. when we brought the situation to Judge's notice then and there itself, the judge promptly summoned my wife and scolded her for the kind of situation made. Kindly clarify me how this incident can be used in my custody petition. Can i mention the events as they are described above? Am i allowed to mention what happend in the court and with judge? Plz suggest me how better i can make good use to strengthen my case.

7) Can child custody case be directly filed in High Court? The present Judge in the Family Court got transferred and it would take another month or so for the new Judge to take charge and summer vacations for the court are within the sight. Kindly suggest me what is better approach for the child custody under given circumstances.

I need inputs from various sources and thanks all for stopping by and spending your precious time for the better future of an innocent kid. Looking forward for your earliest possible responses.

1) My understanding of Shonne's suggestion is that I need to file seperate O.P for the child custody and within that O.P, I need to file for visitation rights during the disposal of the main custody O.P. Shonee, please confirm my understanding.

YES IT IS RIGHT

2) If my understanding is right, then what are the various Acts and Sections I need to file the main custody O.P and the associated I.A for visitations. (remind you my son is 3 yr 4 months and i have no access to him, since he was 8 months old, except intermitent incidents wherein i had few happy moments with him)

AS YOUR NAME SUGGESTS YOU ARE A HINDU, THEN FILE THE MAIN CUSTODY CASE UNDER SECTION 25 OF GWA R/W SECTION 6 OF HINDU MINORITY AND GUARDIANSHIP ACT. ALSO ADD A PRAYER UNDER SECTION 12 OF GWA FOR INTERIM VISITATION AND CUSTODY.

3) I have couple of Audio clips (not so good quality, but audible enough) wherein my wife admitted quite few things which would turn out to me in my favour for Divorce case as well as the Custody case i am planning to file. But the constraint is that i have those clips in my computer and not in the instrument where i actually recorded. How far these audio clips would be useful as evidence in fighting my case? Would they be valid as primary evidence on their own or should be they be corroborated by some other evidence? Would the clips have validity of secondary evidence or prima facie evidence, at least? Plz clarify me on how good these audio clips be as evidence.

IF THE CASE IS IN FAMILY COURT, YOU CAN TRY YOUR LUCK ON THESE RECORDINGS, AS IN FAMILY COURT THE EVIDENCE NEED NOT NECESSARY BE AS PER INDIAN EVIDENCE ACT. HOWEVER IN REGULAR COURT, THE SAME ARE USELESS, YOU CAN ATTACH THE TRANSCRIPT TO CREATE FEAR IN THE OPPONENT'S MIND. FILE THE SAME AS ANNEXURES, LET IT FAIL AT THE TIME OF EVIDENCE.

4) In the same way, i have video clips on my computer (and not in the handicam where it was recorded originally) which substantiate few of events i mentioned in the RCR and counter to the Divorce. Plz clarify me on how good these audio clips be as evidence.

SEE PREVIOUS ANSWER

5) Same is the case with photographs i have on my computer (and not in the handicam where it was recorded originally) which substantiate few of events i mentioned in the RCR and counter to the Divorce. Plz clarify me on how good these audio clips be as evidence.

SEE PREVIOUS ANSWER

6) i have celebrated my son's 3rd B Day in the court premises on that occassion my wife kept herself absent despite judge told her to bring my son in person. She sent my son along with her mother who ensured my son to cry continuously and successfully let all of us down. My son did not even come to us despite we tried to keep him in humor with lots of toys gifts etc. My son showed aversion to cake and was reluctant to cut it and remind you he was in the hands of my wife's mother and was kept on crying relentlessly. when we brought the situation to Judge's notice then and there itself, the judge promptly summoned my wife and scolded her for the kind of situation made. Kindly clarify me how this incident can be used in my custody petition. Can i mention the events as they are described above? Am i allowed to mention what happend in the court and with judge? Plz suggest me how better i can make good use to strengthen my case.

LET IT BE. NEXT TIME TRY TO TAKE A SIMILAR AGED CHILD WITH YOU. LET THE CHILDREN PLAY AND BE COMFORTABLE WITH EACH OTHER. THEN SHOWER YOUR LOVE. 

7) Can child custody case be directly filed in High Court? The present Judge in the Family Court got transferred and it would take another month or so for the new Judge to take charge and summer vacations for the court are within the sight. Kindly suggest me what is better approach for the child custody under given circumstances.

NO. TRY DISTRICT JUDGE.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

@Shonee, thanks for your reply. I need your guidance on few more points :)

1) My wife got her last pregnancy terminated without my consent and claims that it was unfortunate miscarriage. How to prove that she got it terminated? I am not sure which hospital she visited for this brutal act. She did it wen she was 3 month old pregnant.

2) My wife mentioned in her counter to my RCR that my son was hospitalised with Dengue fever during his first birrthday and she was hospitalised during my son's second birthday (I am sure either she claimed false dates). How to prove that wether she and my son got admitted into that particular hospital on those dates? I approached the hospitals and they rejected to divulge any information. Kindly suggest and guide me this as it would play crucial role in the case.

Thanks is the small and routine word i have been using but then i don't have any other word that substitutes it. Hence thank lots in advance for your time and attention. 

Point 1 is nearly impossible to prove.

Point 2 can be proved by calling hospital records using Witness Summons.