Legal Question in Family Law in India

Hi, My ex-wife and I signed on an affidavit agreeing to certain conditions regarding the children's (two minor boys) custody. It is a joint custody wherein children should stay with me for minimum of four nights a week. For the last three years, she has been forcing to stay them with her all the weekdays and sometimes allow me to pick them on the weekends. She has also instructed the schools 'not to let me meet the kids at all'. My sons and I had been quietly agreeing to her unilateral decisions as any request / argument from my side was resulting in her getting wild with kids. Few days back, both the sons took decision without my knowledge and left their mother's house (in her absence) when I went to pick them up on a Friday. They have told her that they don't want to see her.

Now, mother has started meeting the school guys and showing them the order which says that the kids would be with her till 5 O' clock all the evenings. I do not want to prove the school that she is not able to take care of the children. The schools any ways do not want to get into any kind of problem. They have already indicated that the mother is right.

I have filed the sole custody case already. My worries are:

1. She can forcibly pick up kids from school.

2. If she takes the kids with her, they would see that their father could not protect them and leave her house next time for some other place.

My questions are:

1. Knowing that the legal process will take is own time, is there anything I could do (legally) to ensure that kids should be allowed to stay with me as they are not safe with the other?

2. The elder one has he courage to say NO to mother if she forces him to do something. But, the younger one is 5 years and can be physically lifted up from his school by the mother. Shall I not send him to school for couple of days? Will it weaken my case in future?

3. I have already approached the police, it says 'go and fight the case'.

4. Is there any option in these kind of cases where the child'd safety is at stake because of the joint custody arrangement?


Asked on 11/15/11, 9:59 am

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

1. You should apply to court for appropriate orders.

2. The counsel conducting your case should be the better judge of situation.

3. No guidance needed. Rightly advised.

4. Approach the court.

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Answered on 11/15/11, 10:06 am
Anil Kumar Sharma JurisTree

Custody cases go very long and are put to dirty emotional breakdowns. The court of Custody and adoptions is Civil court and approach that court and have order regarding custody and mulakaat- meetings occasional to be granted to wife- mother of the children, have divorce or settlement as the case may be - don't indulge in police/ kidnapping cases etc.

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Answered on 11/16/11, 6:59 am


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