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Rahul Surendranath (Manager)     03 January 2013

Custody of my child

My 3 year old ill son's custody has been given by the court to my wife on 22.12.2012. My bitter half does not deserve to be a mother as she once threw my son on the bed when he was crying and on another occasion took my son to the balcony and threatened to throw him down if I did not give her divorce. How can the court do this to me? Is there any way that i can get the custody of my son? I need just my son and nothing else. Can any lawyer help me get the custody of my son? Please help.



Learning

 4 Replies

Adv B.B.Gambhir #9814820602 (advocate)     03 January 2013

court has passed the judicial order you have not option except to file an appeal.

Tajobsindia (Senior Partner )     03 January 2013

1. Revision on facts is option as I think you are talking here of interim custody S.12 GWA and not finality in custody matter!
2. You can seek review on grounds of non-appreciation of prime facie facts by concerned Court if above is the brief in hand is my view.

 

1 Like

(Guest)

Is it an interim order you are talking about? If yes, then you may prefer a revision against this order. No one expects a judge to give equal custody to both the parents but the legitimate interests of the father, when he is denied child custody, have to be protected.  The guardian judges, more often than not, fail miserably to do that.

 

As a lawyer who has dealt with child custody cases in many parts of the country, I can vouch for the fact that there is an ideological divide amongst the guardian judges in the country which stands reflected in custody orders, more so interim custody orders. With due deference, I can say that most of them possess an overall philosophy that is gender biased, conservative and destructive of legitimate parental rights. Assailing such an order before the HC is the only remedy. The scope of revisional jurisdiction is very limited, nonetheless if the revisionist's lawyer can convince the court that the impugned order has been passed in utter disregard of the settled provisions of law, it can work wonders. Do not be disheartened.

 

Wish you good luck!

 

 

Ashish Davessar


Advocate

Supreme Court of India

Punjab and Haryana High Court

District Courts, Amritsar & Chandigarh

1 Like

Ashimta Lekhi Malhotra (Independent Lawyer)     04 January 2013

Agree to the erudite opinion of Mr.Davessar.


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