chandraprakash tripathi (sole propritor) 07 April 2013

Child custody

I am legal guardian of my son his father, my wife died because of tb, and physical custody is with grandparents, his3 years old now, and this years i have only seen him thrice, they dont have any male issue, and now no intention of giving my son back, at last i had filed case for permanent custody under guardian and wars act section 7, when court summons was issued they said that name and address is not correct its wrong, after that i gave an affidavit that name and address is correct, but again came the same report that name and address is not correct, if same report was to come then what was the use of affidavit which i gave, secondly now i have come to know that they are intentionally avoiding the summons and taking their time, they are looking to sell their flat and to run away with my child, now what legal step should i take to stop them after knowing their malafide and evil intentions, pls guide me.

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2 Replies

Tajobsindia (Senior Partner ) 08 April 2013

1. You need a aggressive Advocate to push your pleadings in fast track mode first of all.

2. The Court Notice should have been got allowed to serve upon respondent(s) by all modes and just not limited to including ‘pasting’ and service via local Police.

3. Now instruct your Advocate to file Urgency Application to move forward NDOH citing above ‘apprehension’ and get Service of Notice effected by above two means.

4. Also check correct Sections under GWA The Act where a natural father post death of natural mother has “first rightful claim over any other relatives in asked custody matters” and get the amendment approved in the Application with proper Sections of The Act.

[I should not ask this but city / State such case is pending? You may write to me PM if donot wish to make it public.]

chandraprakash tripathi (sole propritor) 08 April 2013

What is NDOH?, and i am taking very short dates like fast track court, i myself am very aggrseeive in a legal as this case case is very personal to me, also grandparents dont have any male issue, they are old, they have kidnapped my son and even blackmail me for money, which i am giving at any cost, and no one can deprive me of my natural and fundamental right of living with my son, not even court or the magistrate not trying to show them down, because i am a law abiding citizen i apprached the court and justice needs to be done and seen, i will sit on hunger strike and even ready to give my life, i just want my son, i stay in nallasopara, respondents stay in virar, case is filed in vasai court.