Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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suhaill (software eng)     24 August 2016

Petition for baby

Hon’ble  Members Good After Noon,

 

2014 I have been Divorced , in this Petition the custody of my Son was taken care by his mother . I lose my mother due to this circumstance …. My home and Gold And other goods things she got everything .. Infect I cannot visit  my son. My Son is 4 years old, Can you please tell me . when  can I submit petition for custody of my Son , and is it possible court give me my son….  is there any rule as per Hon’ble  Supreme Court of India. Which Basis court can give custody  my son to me…

Please provide me details.

 

Regards,

Suhail 



Learning

 11 Replies

Sidharth   24 August 2016

You can file petition under gurdianship and ward act. Petition can be filed anytime even before the birth of the child. It is true that its very difficult to get the custody from a lady but at the time of argument if you think you wont get custody argue for joint custody.

 

visitation rights will be granted to you in the early stage of case. Don;t worry.

suhaill (software eng)     24 August 2016

in Last Petition visitation is not possible she already written ... she is very clever... If she marry to other person. is there any possiblity court will give custody to me. Please suggest

Sidharth   24 August 2016

Dear Suhail

I strongly disagree with the advice of Ramesh singh that child needs to attain age of 12  yrs for custody. It is only his imagination or he should mention that provision of law.

You need to  file custody case. If you try  to find out you will find some judgements of high court where the high court has given guidelines to its subordinate courts on What basis the courts should decide the custody case. Try to  file your case on that basis.

I will  try to give more accurate advice if you can share why you was refused for visitation rights befor and why you didn't challange that order.

Hire a lawyer specialised in custody case 

Sandhya Srinivas (Advocate & Legal consultant)     24 August 2016

Mr. Suhaill,

 Kindly go through the judgement of Divorce petition.

Now you will be filing the custody of rights case in G & W Act and also file an Interim application for visitation right.

Court will grant you Visitation right on Interim application itself.

You have more chances to get custody of child if she re-marries.

But keep acquaintance with your son. He should not be brain washed by his mother.

Mukesh sharma (job )     25 August 2016

Hi suhali you file pition any time and you ask court for give you custody of your child custody and alng with you file application for visitiion for your child it s depend on judge what about they take action on your application but you start process 

and here i agree with snadhya mam and sidhrath sir advice you follow them 

thanks 

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     25 August 2016

The petition shall have to be filed within the jurisdiction where the child ordinarily resides. As such you may also ask for interim visitation rights to meet the child during trhe pendency of the petition.

Augustine Chatterjee

Advocate & Solcitor at Law

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suhaill (software eng)     31 August 2016

Hon’ble  Members Good After Noon,

 

Thank you so much give a valuable advice , i will upload last doc.

Regards, 

Suhail 

suhaill (software eng)     04 September 2016

Hon’ble  Members Good After Noon,

I have attached my medetation document Please go through and suggest me, your point will be valuable  for me for take a next step. Please suggest.

 

Regards, 

Suhail 


Attached File : 293180 20160904151018 473335909 new microsoft word document.docx downloaded: 57 times

suhaill (software eng)     07 September 2016

Hon’ble  Members Good After Noon,

I have attached my medetation document Please go through and suggest me, your point will be valuable  for me for take a next step. Please suggest.

 

Regards, 

Suhail 

Sachin (N.A)     07 September 2016

I am not sure but may try to go HC by stating that mediation center has no power to decide the visitation rights, moreover it is settled principle that " paramount interest for the courts is welfare of the child and not the legal rights of the partents moreover it is against the rights of the child"

Sachin (N.A)     07 September 2016

You may question the validity of agreement or settlement deed because basic principal of agreement or deed is that must be signed willfully means without any pressure but your exwife has pressureized you by filing various false cases against you.

 

You need a lawyer who is good in arguments.


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