Mani123456 (Engineer) 09 March 2011

how does judge think in child interim custody case

Hi,

I got the interim custody of my 5.5 year old son in trial family court. My wife filed the high court writ and challanged the order.

I got interim custody in the lower court because:

I proved that she left the 2.5 year old son with me and stayed outside of my house for 9 months and did not come

to care for the child when he was suffering from chicken pox.

She changed his school immediately after taking custody forcefully after filing 498a against me and my parents.

Now in high court in front of judge she admitted that

1. She wants to extract 25 lakhs Rs from me.

2. She is putting him in her school under supervision of her colleague after his school hourt from 12 ro 3 pm.

4. she is not interested in taking house near to my house where I agree to pay the rent, she did nto agree even to sent child to my house under my parents care in afteroon after his school hours.

Will the judge consider above points and will maintain the lower court order?

Regards

Mani

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1 Replies

Tajobsindia (Senior Partner ) 09 March 2011

Whosoever has currently the child status quo is maintained till final decision. Is my one view.
For aggrieved party in such situations lollipop of interim visitation is granted till final disposal of the appeal. Is my second view

3. There is no third view is my understated opinion as matter is under trial at a
appellate Court.

However, if trial Court granted custody of child to you, Execution U/s 151 CPC as (child custody Orders are never decreed) should have been filed with Caveat at Sessions Court as well as at HC and in absence of these two irrespective of 498a filed and child snached away etc. scenarios if child removed from your custody during trial Court hearing phase then HCP and restoration should have been filed.

Since your matters are spread across LCI in various posts I am not going into merits means collaborating first all your messages and [anyhow you donot like my rpelies because they are hurtfull to a father] then making above reply hence above reply is only in spirit of this post made with some vague recollection of your previous posts herein LCI that is why it is suggested to all old and new authors to continue their first post with fresh questions therein instead of haphazardly spreading questions across various fresh threads as it becomes difficult to tie all of them together when everyday on an monthly average 48 fresh new messages this premium portal site receives for reply by domian experts! .

However all the best.