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shalu704 (service)     20 March 2011

Please I need desparate help on my daughter's custody issue

Hi,

My 9 yrs old daughter's custody is with my ex husband. We ahve been divorced through mutual consent. But he is not letting me visit or talk to my daughter. He lso moved my daughter away to another state. I filed for the  visiting rights in court, but he did some mal practises and the court after 9 months pf proceedings mentioned that  this court does not have the jurisdiction since the child is not in this city.. 

I am comlately broken now.. Moreoever my  ex -husband is leaving for US in April leaving my daughter with my in-laws.. My daughter is very very upset and she cries a lot for me.. I dont want her to stay alone with my ex in laws..

I need a very very urgent order from high court that my daughter's interim-cusstody should be given to me when my ex-husband is in US.. do I have an option? I have heard something about "mentioning process" in high court..

I just do not know what to do.. I just need to get my daughter to me when  she is without her father..

Is it possible for me to get an order from High Court regarding this in 15 days time .. It is really uregent since my child is involved.

 

Please please smeone guide me.

Thanks

Shalu704



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 4 Replies

shalu704 (service)     20 March 2011

Hi,

I also want to know if I can either go to somewhere like Childs Rights or WOmen's rights.. My husband is not letting me  see my daughter for no reason and the daughter is in too much pain because of this.. She cries for her Mother.. And my husband is like a crook.. ( he is from builder's family) so you gyus can understand to what level he can fall an do things.. what can I do in a situation like this?

Court takes to much time.. I am scared that soething will happen to my daughter and I need urgent order from court to get her to me.. Please please guide me..

Thanks

Legal Fighter (Advocate)     20 March 2011

what were the terms decided about visitation or custody while you got divorce through mutual consent?

Harsh (Advocate)     21 March 2011

Hello,
I would be able to assist in your case. 
You can further contact me on harshmparekh@gmail.com
I am a practicing lawyer .
Regards,
Harsh Parekh
Advocate
9971780620 (M)


Hardik Mehta (Family Counsellor)     22 March 2011

If you have got the visitation rights and he is not allowing you, then you can file the Habeas Corups Petition to produce the child in the court where you can meet her. Also at that time you can decide what can be done for the same regarding your daugher. I would suggest you to take this matter amicabily rather than the court case, since the welfare of child is important and your husband can get away with the same. Moreover, your ex-husband has the custody of your daughter under Mutual consent divorce and so to get the custody will be difficult. Also, your daughters consent will be taken at this time.


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