Legal Question in Family Law in India
My wife ran away from her matrimonial home 1.5 years ago, and lives with her parents & brothers' family in another city, with a girl child who is now 5 years old. My mother & I once went to meet the child and she came back with us to another city. in two days' time we received two summons from the lower court 1. for sec 97 for the search warrant for the child & 2. 125 Crpc. we challenged sec 97 in the High court to quash it, and returned th child to my wife. the high court ordered that I could meet the child every altrnate saturday for 3 months and in teh meantime I should file a petition with appropriate court for the child's custody. sec 125 Crpc case is going on in the lower court.
I tried to file the custody case in the city in which i live in the family court. the judge refused to admit saying that it can only be field where the child currently resides. the 3-month limit was crossed because of this hurdle. my questions are:
1. is it mandatory that under guradianship &wards act, the custody case can only be field where the child currently resides?
2. Can I simply filea petition ofr merely visitation & interim custody such that i can bring child during family functions/vacation etc? or custody case is mandatory?
3. if i go now to meet the child, my wife & family members threaten me with 498A. is it still applicable?
4. Is ther any law that stops a real father from meeting a child, when no legal separation has happened? She has just ran away at will.
pl pl please reply at the earliest. I have not seen my child in months.
-An unhappy father.
1 Answer from Attorneys
Dear client
Don't be disappointed. Let me check the jurisdiction clause.There is no point in filing a interim custody. There is no law which can stop the father from meeting his son. I will reply you again.
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