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husbandinneed   31 October 2016

Filing gwa petition

Dear all

I have a question

My daughter is of 8 years right now and i'm the father, and I got the weekend custody to drop her at school on Tuesday from high court, to which the wife do not comply and i'm going to file a contempt of court petition. I have all the proofs and i believe this will make my case ever better.

Currently i do everything for my daughter, right from paying her school fees to buying her new cloths, taking her studies, helping her to complete her school projects, learn new sports and everything.

Is this the right time to file for GWA petition? as she is of a proper age to give custody to father and both daughter and father are very well bonded since her birth. Father has, with himself, his parents taking care of child.

Also can i ask in the GWA, as interim application, to not to prohibit taking child outside of jurisdiction without consent from other party?

Other information: We both staying separate from each other from last 3 years and DV case is pending, no divorce proceedings started.

 4 Replies

Vijay Raj Mahajan (Advocate)     31 October 2016


Seeking complete physical custody under the provision of GWA is always open to you and if the other parent/wife is not following the order of the High Court with regard to the sharing of custody on terms and conditions laid down by the court, the petition seeking complete custody becomes stronger for you.

Age of the child may be one criteria in deciding custody issue but most important is the Welfare of the minor child.

As the acts done in welfare of child by you will be taken in to consideration by the court as well the denying of the love and affection of father for the daughter by not following order of the High Court by the mother/wife will go against her defense in the GWA petition for custody.

Agree with Vijay Saab. Another 10 years left, see how u want to spend it, for your daughter to turn 18. After 18 khulgaya phanda. Later starts kanyadaan circus, bidai circus. Good luck.


The GWA petition will be useful for you to get visitations, because if she does not obey visitation orders, custody could be given to you. Also, she has to now run around court to preserve custody of child, so that is another benefit. Finally at a minimum, the GWA petition will send chills down her spine. She is going to get scary dreams every night of the prospect of losing custody.

So I strongly encourage GWA.

husbandinneed   03 November 2016

Thank you all for your king inputs. They are really useful for me.

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