Legal Question in Family Law in India
Interim Custody of children
I have three kids,one girl(11 yrs)and two boys(7 & 4 yrs)and am separated from my wife since Oct'05.A divorce is in progress under th grounds of adultery by my wife and she has paranoid psychosis as per the doctors.She behaves normal and claims to be fine today.She has filed a case to court for custody of the children for the vacation time as the kids are studying in the Gulf.They don't like being with her but I hear she may get the court's favour.What worries me is that she may harm the kids or even keep them and not return them after vacation since legally both have equal rights as of today?
Will I be able to keep the kids if they give a verdict in court that they don't want to go with their mother?She has never loved me or the kids but is now using this idea to trap me since I have decided to divorce her after 15 years of a troublesome married life.She's now in India and our case is in the family court.What could I do to save my children and keep them with me?I am very reluctant to send them with her as she can play dirty to achieve her goals.My children have no feelings for her as they have been ill treated also by her when she was here.How could I keep my kids?What would be effective for this?Can the High Court help?
6 Answers from Attorneys
Re: Interim Custody of children
You can explain this situation to teh court. The judge can be requested to speak to teh children before deciding the application for custody. If you abe able to show that it may be harmful for teh children to stay with her the court may not grant her interim custody.
Re: Interim Custody of children
generally courts give preference to the openion of children.You put your case strongly and oppose the application of your wife for custody and if situation arise you move the Hifh court.
Re: Interim Custody of children
Moveing to High Court is matter of right but as regards the filing of the application for cusdoty of the kids by your wife is legal remedy given by the legislators. You can oppose the cusdoty petition.
Court will put some questions to your kids while deciding this issue but the paramount consideration will be the welfare of the child. According to me your wife who is now O.K. and fit may obtain the cusdoty of her one kid aged 4yrs as a matter of right as under the law the cusdoty of the child upto 5 yrs will remain with the mother. For further query contect the lawyer
Re: Interim Custody of children
Since the divorce proceedings have already been initiated, I am sure you must have also filed petition for custody of the children. If so, you should vigorously proceed with the said etition. If not, please do so immedaitely.
High court may not help you until the current proceedings are diposed off, after which an ppeal/revision may be filed in High Court.
Re: Interim Custody of children
Yes, High Court can help. You should first approach the trial court for custody of the children; try that she gets only visitation rights and that in the presence of some other person / authority like a welfare officer. You can also seek appropriate directions from the court about well being of the children.
Re: Interim Custody of children
if the children loves you and you have better conditions with you then probably you will be having the custody
repersent your case stngly
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