Civil Procedure Code (CPC)

Custody based on admission under order 12 rule 6 of cpc


Dear Members,

Wife has admitted numerous times that she is ready to give the custody of my 5.5 Years son to me. even suo moto she filed an affidavit in divorce case prior to my appearence in divorce case and later on admitted many times.. also in custody case judge passed no WS order against her and she later filed voluntarily consent application to give custody of child to me..accordingly judge interviewed the child and asked me to follow some terms that i comply and submitted on record that i complied all terms as directed by court. On next date wife withdrawn that consent. Now i filed application under order 12 rule 6 , judgment on admission by submitting her divorce case admissions and affidavit on record. This case is also time bound by supreme court which is already lapsed.

Please tell me any case law which i can use to support my this application.


Legal Advisor

1. The provision under order 12 Rule 6 of C.P.C. are attracted in your case.

2. Her withdrawing of her admission will not survive.

3. Be rest assured that the court will pronounce the judgement.

4.  Feed ' Order 12 Rule 6 C.P.C. ' in Google search engine and you will get many references of case laws.




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