Alan David (Branch Manager) 13 August 2012

Custody of daughter

My wife left me when she was about 4 months pregnant and have the clinical reports of the same .I could not find her whereabouts and after 3 years I found out that she was living with another man .She had given birth to 2 daughters.I have the photographs of the girls and the 1st one resembles me but the 2nd resembles the other person.I have got the birth certificates of both the children, but she has mentioned the man as the father of both the children .I have applied for divorce on grounds of adultery, getting the other person to be the co respondent.

They have both not appeared in court for 2 hearings and my 3rd hearing is slated next month and my Lawyers have told me that I would be getting an ex parte divorce.

Also an FIR has been registered on this person and he escaped arrest with an AB. But the chargesheet is still to be filed ,as Police are deliberately pulling on.

My questions for help Sir:

1. Will I get custody of my unborn daughter ,since I have all the prrof.She is 3 years old now. and what is the process and the law sections to apply for custody.

2. Can I approach the court where my divorce is pending to get an DNA done or approavh the Police to get the DNA on the FIR.Police are not cooperative.

3. There is no support from the Police.

4. I am a qualified person whereas my wife is an orphan is just a 10th standard but with no assets..

5. Is there any law where the grandmother of the child i.e my mother approach for the custody .

6. What are chances of punishment for the man on adultery grounds since I have the proof.

7. I know that the women cannot be punished under Law the adulteror can be .What impact will be on him both financially and imprisonment once proved in court.Will this also not help me in custody of my daughter.

Thanks

Alan Daid

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4 Replies

Anish Thakur 7018812737 (advocate) 14 August 2012

dear querist,

yes you can apply for the custody of your daughter but before that you have to file lodge a criminal case against your wife and that man for criminal consipiracy and cheating,if you had already filed adultery case he will get surely convicted in this case.lodge criminal consipiracy,kidnapping against that man.if police is not helping you ,you can get this through court,court will isssue orders to police to lodge all these things against that man,one more thing you have also to file a suit for child custody and then the question of parentalhod will arose in the court ,court will itself ask for dna test,in adultery if prooved you have not to pay a single peny to that woman.feel free to call.

have a heart foundation (member) 17 August 2012

Hi,

You need to file Custody of the Child and for Visitation Rights under Guardians and Wards Act.

also file criminal case of adultry against the respondent no.1 and 2.

make an application to be re-introduced in your child lifes.

bring evidence and facts on record at Family court and file for Shift of Custody.

You can get divorce on grounds of mental cruely, desertion, breach of trust, adultry. etc.

you may get the custody if there is bond developed between you and the child, you need to prove to the court that you are also finanicially well to take care of the needs of the child.

go to website : www.childrightsngo.com download section and download "Child Access & Custody Guidelines" approved by bombay high court this will help you fight the custody and visitation rights to your child.

also enclosing the guidelines in the attachment.

Attached File : 763945176 child access & custody guidelines- book.pdf downloaded: 127 times

Alan David (Branch Manager) 03 October 2012

I have filed for divorce on grounds of adultery and have also filed for custody of daughter in the petition.

Also I have filed a FIR on the person and charge sheet has to be filed by the Police.

Please give me any other ideas.

Alan

have a heart foundation (member) 09 October 2012

Hi Alan, It is advisable to file separate child custody petition under the Guardians and Wards Act apart from the divorce petition, you can also file case or make the third person Respondent / Party in your Petition provided you have substantial evidence. You can also contact Child Rights Foundation, NGO in relation to the Child Access & Custody Matters. their details are www.childrightsngo.com