cpc

custody of daughter


Hi,

I wanted to take your opinion on the following

 
Here are a few facts.
 
Child is Seven & Half years old Daughter  and has been living with her mother for last Six months. 
Wife is a mental Disorder patient, her treatment is continuing for last 4 years.

Child studied first few years in United states, then wife created all kind of disturbances, and she returned to India last year with child.

I convinced her to stay in my parent's house, enrolled Child in a school nearby with a hope that
daughter will be well looked after in my absence, and once situation improves I can take her back to united states for schooling.    

She was very irregular sending her to school and continued to cause distrurbances and problems to my parents as well.
After few months of staying in my parent's house, she left and currently staying with her parents for last Six months.

During these Six month, I have made several requests to her to return and send daughter to school, but she did not listen.
She was not sending her to school untill  last week when she informed me that she has admtted her in a paternal area school.
She has done so without even taking Transfer Certificate from current school. 

I have filed RCR with Child custody last month as per my lawyer suggestion.
I am giving my petition for Child custody based on my better educational background, her mental conditions, access to better facilities(i.e education in the United states) which will ensure better welfare of the child.

Her 1st hearing date is coming September.

I am really worried about my daughter that her education and early development is interrupted and disturbed so such. 
Her school in the United states also opens in September.
Please suggest me steps and directions on how to expedite this case. 

 

 
Reply   
 
LEGAL

It is better you consult a prudent lawyer having expertise in these matters;however if you could convince the court that the child is having better welfare  under your custody( for which you needs strong evidance to prove  that )  you may get the cutody of child but that takes much of time; 

 
Reply   
 



Sir,

As per the Hindu Minority & Guadianship Act, 1956 (S.13), the welfare of the child in cases of custody is of paramount consideration. Also, in cases where the child is below 5 years of age, the guardianship of the minor remains with the mother but since your daughter is above 5 years of age, the custody will be decided with the person providing for the paramout welfare of the daughter.

There is no procedure as such to expedite the case but you can always request the court to provide for shorter dates as per the requirements of your daughter's admission/ re-joining of the school.

Do not be worried, the court will decide the best for your child.

Regards,

Nikisha Hada


Total likes : 1 times

 
Reply   
 

1. If the mother brought the child improperly from the U.S (e.g. on false pretexts or abducting), you can file a writ of habeas corpus in the high court which could send the child back with you. Refer. Lahari Sakhamuri vs Sobhan Kodali 2019.

 

2. You can file GWA and file for interim custody. The GWA will take time and can be appealed in HC, SC etc. so it could take even 6 years. But interim custody could be disposed easily.

3. You can file a writ of mandamus in the HC explaining your situation to speed up the case (I think).

 
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