Legal Question in Family Law in India
My friend and his wife are living apart from each other for the last 4 years. They have two children of 14 and 12 years age respectively. They were with their mother. 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 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. 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. Kindly suggest.
3 Answers from Attorneys
in case she has filed a petition in some other jurisdiction and the orders on the issues are already passed by the family court within your jurisdiction, you may move the supreme court and get her case transferred to your jurisdiction and this way there would no clashing of orders and her petition would also be dismissed on the grounds of res judicata.
Since the parties have already suffered litigation in two forums, the legal advice of their local counsel should be better.
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