Legal Question in Family Law in India
Guardians and Wards Act
Husband and wife living apart from each other for the last 5 years. They have two children aged 12 and 14 years respectively. Previously they were with their mother. Two years back they came to their father at Hyderabad as they could not digest the fact that their mother is living in adultery. They stated the same before the family court in O.P. filed their father for judicial separation. After examining the children court granted injunction restraining their mother from meddling with their affairs. Suppressing the said fact she filed a petition before the family Court Visakhapatnam for the custody of the children. Apprehending danger to their lives the children made an application before the State Human Rights Commission for protection of their human rights. After examining the children and after recording their statement the Human Rights Commission was pleased to direct the concerned police for strict implementation of the orders passed by the Hyderabad Family Court. By virtue of this order will the petition filed by their mother become infructuous. Please suggest the remedy. Children are not even willing to see their mother.
3 Answers from Attorneys
Re: Guardians and Wards Act
The two orders - one passed by Hyderabad Court and the other passed by Human rights commission- will definitely aid you in requesting the Vishakhapatnam court to dismiss the case filed by your wife. The said case does not become infructuous on its own. you will have to move an application for dismissing the said case of mother by disclosing all these facts to the said court.
Re: Guardians and Wards Act
No, unless it is dismissed by the court. Mean while she is obliged to follow the order passed in OP
Re: Guardians and Wards Act
You may want your lawyer to file a reply to the petition alongwith all the documents in your possession. It seems that prima facie you have a good case.
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