Wife has to attend court and bring the child along as per court orders. Court may grant wife one more adjournment to comply with its order
2) if wife refuses to attend court then court can grant you custody of your daughter
My wife left on a pretext of going for Holliday to her home with my 6 year old daughter and since then she has not contacted me and has denied all contacts even with my daughter its been 3 months now that i have not spoken to my daughter even over the phone she is in lukhnow and iam in kolkatta.. Now i have field a case under guardian and ward act asking custody and an ad-intrim exparte order is passed to produce my child in court on 18th of this month.. Now i want to know if she can reply to this order and not attend the court or she has to come .. What if she does not reply or come to court.. Will i get the custody of my child by default and we are not divorced and since its an exparte order will the court still send her a second summon or will i get the order of full custody in my comming hearing if she dint come
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Wife has to attend court and bring the child along as per court orders. Court may grant wife one more adjournment to comply with its order
2) if wife refuses to attend court then court can grant you custody of your daughter
1. She may refuse to attend the court or even if she attends she may come up with any excuse of not bringing the child which is a standard tactic of the mother.
2.In that event you can file contempt petition to implement the order.
3.Getting back the custody of the child of such age is impossible but surely you can enforce the order for meeting the child.
My wife had history of depression n postpartum phycosis and had abused my child and beaten her brutally where traces of fingre prints were formed i have provided all photograph to court and even we had registered many complains against her in police where GD entry were made in nearest police station and women cell as she had abused and beaten my age old parents
If her meal illness can be proved in court then thee is fair chance of getting back the custody of the child.
1) you should be awarded custody of your child but judicial process takes time
2) in any case court would award you visitation rights
Q. Now i want to know if she can reply to this order and not attend the court or she has to come. Will i get the custody of my child by default and we are not divorced and since its an exparte order will the court still send her a second summon or will i get the order of full custody in my coming hearing if she dint come
A. she has an opportunity to recall that ex-parte order. in her recall application she is bound to give reason for non appearance on the date when ex-parte was passed. you should appose and show before the court that she has been deliberately absent from court proceeding. then court has to decide whether custody of child is necessary or not. if court finds that it is necessary then court can upheld that exparte order otherwise give her an opportunity to hear.
Q. My wife had history of depression n postpartum phycosis and had abused my child and beaten her brutally where traces of fingre prints were formed i have provided all photograph to court and even we had registered many complains against her in police where GD entry were made in nearest police station and women cell as she had abused and beaten my age old parents
A. these are the solid ground to take custody of your child. you should once again place these records before the court and oppose her recall application. an ex-parte order is also a deemed order and at the date fixed for next hearing court can convert this es-parte order into final order, after considering these facts in presence of your wife.
Will i get the custody of my child by default and we are not divorced and since its an exparte order will the court still send her a second summon or will i get the order of full custody in my comming hearing if she dint come
The exparte order passed by court is an interim order or relief.
If she is not turning up before court when the main petition is being heard then the court would pass exparte order on that once again after which you can execute the decree as per law.
My wife had history of depression n postpartum phycosis and had abused my child and beaten her brutally where traces of fingre prints were formed i have provided all photograph to court and even we had registered many complains against her in police where GD entry were made in nearest police station and women cell as she had abused and beaten my age old parents
All these are strong evidences to seek child custody
The court will consider all these evidences supporting yor claim and the court if convinced would pass an order in your favor.