Legal Question in Family Law in India

Child Custody

My sister is married since 2003 and has a child 4 years old.she is currently fighting for custody and the case is ongoing for last 9 mths. It started with her husband absonding with the kid without reason given and it took us 30 days to trace him(HCP filed in high court) after that also my sister stayed with him for sometime as court suggested to work thing out, but he was mentally torturing her by not allowing her to spend time with the kid. As her lawyer suggested she moved from that place and staying on rent in coimbature she had the kid with her intially but her husb conned her and took the kid back to his place- she is not allowed to meet the child at all - the case is going and everytime she gets a new date -but no jugdemenrt so far - not even discussed the child visitation right with the mother. Please advice what can be done on this as we are very confused with the way the things are going -A mother not allowed to meet her child is simply cruel. Please advice what can be done as my sis's husband is very influential and rich and is using all this.


Asked on 7/25/08, 7:30 am

4 Answers from Attorneys

Re: Child Custody

File an application for, at least, the child visitation right.

This should already have been filed by you.

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Answered on 7/25/08, 1:52 pm
Nandita Haldipur Haldipur Associates

Re: Child Custody

you have to file applciation for custody of child or atleast fo visitaion

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Answered on 7/25/08, 10:35 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Child Custody

you can ask the court for child custody or visitation rights.

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Answered on 7/25/08, 11:07 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Child Custody

it is not clear in the note as to what is the nature of proceedings going on in court?

you should file an application in pending proceedings seeking child custody and pursue the same vigourously till logical end.

if you do not get a favourable order from lower court, challenge the same in higher court immediately.

you are very likely to get the custody.

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Answered on 7/25/08, 11:18 am


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