Legal Question in Family Law in India
Child Custody
I have two children aged 12 and 14 years respedctively. I filed OP for judicial separation against my wife. In the said OP I have also filed I.A. to restrain my wife from meddling with the affair of my children. Family Court after examining the children passed interim order restraining my wife from interfering with the affairs of the children. Suppressing the facts she filed OP for the custody of children in another Court. As there were threatening calls from my wife to the children, they filed an application before state human rights commission for protection of their human rights. Human Rights Commission, after examining the children gave direction to the concerned police officers to see that the interim order of the court in OP judicial separation is strictly implemented. Children on examination by the family court and also the human rights commission stated that their mother is living with another and insisting them to call that person as father. When facts remain like this how can my wife be entitled to file a petition for the custody of children.
2 Answers from Attorneys
Re: Child Custody
you can bring out the facts and show orders to the court if she files petition for custody.
Re: Child Custody
You may be right; she may not be entitled to custody of the children.
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