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LegalFighter (test)     30 June 2016

HABEAS CORPUS-WIFE NOT SHOWING CHILD

Dear Experts,

In the below posts you can find my case details.Lawyers and my wife(legally) cheated me past 3 years by not showing my child.

 

 

https://www.lawyersclubindia.com/forum/MY-LAWYER-126864.asp

https://www.lawyersclubindia.com/forum/How-to-get-rid-of-an-influenced-lawyer-129250.asp

 

 

Now I have chnaged my lawyer,cancelled the MCD,Joined LLB(smiley) and applied for GWOP.I have sent an sms and mail to my wife  asking her to bring my son to show me on the first hearing. In the first hearing she came and said to judge that she had come only over  the mail i have sent and had not got the summon from court.But she didnt bring my son and she received the GWOP summon with a visitation IA.

 

 

Judge asked her orally to appear for sure in the next hearing without fail and bring my son to show to me.But still she and her lawyers are playing foul game to not to show my son to me.Again on the same day I have sent an sms and email to her and asked her to come on the second hearing with my son, failing which i will ask for exparty.

 

 

Please let me know what are all the steps can i take now,My son is now 3y,11m old:

 

1. Shall I file Hebeas Corpus if she doesnt bring my son or doesnt appear on the second hearing?

 

 

2. I just want to submit a memo on the next hearing and record her activity if she doesnt bring my child.What content should be written on that memo which helps me to tackle her and her corrupted lawyer?

 

 

3.Please advice me any other strong/best steps that would help me to see my son first, else he will loose the fatherhood and love from a father.

 



Learning

 6 Replies


(Guest)
I'm in a similar boat. My wife isn't showing me my son for 1.5 years. He is now 5. An expert lawyer told me that filing Habeas Corpus just because wife isn't showing child is a waste of time. Courts don't consider child being with mother as illegal detention, which is what you need to prove to file or win Habeas Corpus. The way to go is to get court order for visitation either by IA petition in the divorce case or GWOP. Make sure order asks her to bring him to court premises every Sunday etc. NOT near her home. If she doesn't, press for contempt motion. Of course, thanks to Indian system, all said and done, nasty mothers like my wife might successfully block us from our children for many years. Sorry mate, you are not in this alone. I'm with you. Let's fight until the last breath for our children.

kilimanjaro (md)     07 July 2016

 filing Habeas Corpus just because wife isn't showing child is a waste of time. Courts don't consider child being with mother as illegal detention

 

yes your lawyer is right,  court will not entertain your Habeas corpus 

 

 

498a warrior (self)     11 August 2016

A writ of Habeas Corpus is used by the Courts to see if a person has been illegally detained. If yes, the court can order for his release. If a person has been illegally detained, he himself, a friend or even a relative can file a writ of Habeas Corpus.

Habeas Corpus means ‘Let us have the body’ (let us see the person who has been illegally detained).

I don't think Habeas Corpus applies in your case. 

Regards

whatnot   14 August 2016

@tamilinian and @Venkat,

The expectation that Justice system to provide releif  which is favorable to self and inflict pain for the other party is crux of your suffering.

 

Depending on your current residence, there exist GWA or within Section 13 for requesting releif.

This may be time consuming but itreim releif can be found within 6 months of applying.

I think tamilinian is on right track . pursue the releif within GWOP and all the best.

No HC is required and it is wasteful.

Ms.Usha Kapoor (CEO)     15 August 2016

Dear Client,

 

              First note that  Habeas corpus writ under Article 226 cannaot be filed against   a private person, your wife. By wrongfully confining and restraining  yoour child from meeting you she is committing a tortious  act which is a civil wrong. File a civil suit against your wife for wrongful confinement  and restraint of your 3 year old child from meeting you  at all and exemplary damages for causing you agony, anxiety and depopression on account of not seeing your child for most psrt of his 3 years age. Once The court  inquires into all the allegations of both the sides and if it finds merits in your contention it may order  release of your childe from his mother's wrongful confinement and restrsaint. After Release You file a sepearate petition for  for custody of child under Hindu Minority and Guardinship Act if the child crosses 5. and take custody of your child. as Father is the naturaol guardian  for a child crossing 5 years of age meanwhile you can get visitastion rights  to see your child who stays with his or her mother and below 5..Whatever the diferences between you and your spouse maybe the court keps 0ne point in mind, That is the chilod's welfare is the paramount consideration before appointing a guardian and giving custody of the  child and whether you are   a fit  person in the  eye of law etc to take cutody of child.

Ms.Usha Kapoor (CEO)     15 August 2016

I forgot to mention one thing. Whatever   I typed a in  the concluding  part above applies to all guardians in genraand  Hindu law guardians in Particular. If you are a Hindu you'd be covered under Hindu Minority and guardianship Act. If you are a non Hindu, Guardianship and wards act provisions are applicable.. Under Both these Laws before appointing guardian for a child and giving custody the child's welfare is the paramount consideration  point is taken into account by the courts.


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