Legal Question in Family Law in India

My friend and his wife are living apart from each other since 2004. They have two children of 14 and 12 years age respectively. They were with their mother from Oct' 2004 to Oct'2006. She is living in adultery and insisted the children to accept that person as their father. Children could not digest this and went to their father. My friend filed petition before the Family Court in the year oct'2006 for judicial separation. Children were produced in the Court. On examination, the children stated before the Family Court that their mother has extra-marital relationship. Family court was pleased to pass interim orders restraining their mother from meddling with the affairs the children and given visiting rights. As they were threatened, the children filed an application before the state human rights commission. They reiterated before the human rights commission what they stated before the family court. Human rights commission passed orders directing the concerned police officials to see that the order of the family court is strictly implemented. Suppressing these facts, my friend's wife filed petition for custody of children before another family court, where she is living. Whether the Order of the family court and the order of the human rights commission are relevant in the petition filed by my friends wife for custody of children. I think these two orders are sufficient enough to get petition filed by the wife dismissed. My friend got heart attack with these tensions and operated with a stent. Is this any problem for my friend for giving the children custody. Kindly suggest.


Asked on 10/17/09, 10:29 am

4 Answers from Attorneys

Seshadri Srinivasan www.lawconcern.com

Your friend will have custody of his children.

Read more
Answered on 10/17/09, 8:39 pm
Seshadri Srinivasan www.lawconcern.com

Already answered.

Read more
Answered on 10/17/09, 8:40 pm

PRODUCE THE RECORD OF COURT WHERE CHILDREN MADE THEIR STATEMENTS AND OF HUMAN RIGHTS COMMISSION AND CASE FILED BY THE WIFE WILL BE DISMISSED.

Regards

[email protected]

Read more
Answered on 10/24/09, 12:22 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Advised before.

Read more
Answered on 11/02/09, 7:19 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India