Legal Question in Family Law in

if a mother leave a minor child(1.6 yeras) in a father house and does not take intrest for a long time (five months) after five months she threats her husband to return the minor child custody and father move application in Gurdain Court and Gurdain Court granted stay on application.

After 2.5 months mother move a Heabaus Corp 491-A petition in Session Court which was dismissed on the ground that she have to join the Gurdian Court for proper remedy.

She join Gurdain Court in next hearing date.But after 74 days dealy (6th July 2010 Jugment of sesssion court )she move a writ petition in High Court on 20 September 2010 for the custody of minor child.Does she have to right to move in High Court

Thanks

Abdul Wahab


Asked on 10/05/10, 12:05 am

1 Answer from Attorneys
Salman Khan International Lawyer

Yes she has the right to move to the High court in Writ as writs have no time limit but she has rare chances that she will get the child this way. Her better chances of getting the child is through the guardian court and she can also file other suits against the husband in lower courts. For more you can always consult me at [email protected]

Regards,

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Answered on 10/05/10, 11:36 am


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