Hello, I am Xxxxxxxx from Mohali, Punjab. (i dont want to share my name). I have filed a Divorce case and Custody case in Mohali court, in April 2017. My wife has attended only 1 date of Divorce case, n has not attended any date of custody case. My daughter is deprived of basic nessary vaccination that a child has to undergo. My wife is uneducated(less than 10th). Her Parents, Brother, Sister are not more than 10th pass. My in laws bluffed me over the educational qualifications of my wife before marriage. Later on i got to know that, they have arranged fake matriculation certificates. She has been declared Ex Parte in the both cases. I being an Engineer and working with a Construction company, my father is Govt Employee and serving as an Inspector Central Govt, Mother Home maker, Brother Businessman, Bhabhi Doctor. Can i get tje custody of my daughter. My daughter's medical record are as follows. Her weight n length gradually increased when she was with us. At the age of 1 y n 4m, her weight was 10.8 kg. From Dec 2016, my daughter is with my wife. Her weight on Nov 2017 was 11 kg. In oct 2017 it was 12.0 kg. My wife is busy with sone guy n i have managed to get the pics of her laying nude in bed, with the help of the guy's friend. Nobody is taking care of my daughter, n my wife is busy all day, 6-8 hours, 4-5 days a week. Her younger sister 16-17 yo, is also busy with such acts. How can i get my daughter back. Rds. [deleted].
Since you have already file a child custody case, you are expected to pursue this matter and obtain a favourable order in this case.
Seek an interim order from the court, so that the child may be extended the much needed medical support. Apprise the court of the above facts and seek 24 hour custody as an interim measure, so that the child may be atleast taken to the doctor for the vaccination etc.
If the above fails to help, take your chance by way of filing a habeas corpus writ petition.
What you are stating here, state same before the court.
And if decree is in your favour then file for an execution of it.
After that, if your wife would not follow the order then she will have to go to jail for contempt of court.
1.While Deciding the issue of custody the welfare of the child alone is the look out ofthe court and none else.
2.In custody matters though the court often prefer maintaining status quo and only in the case of strong case in favoir of welfare of the child the custody is directed to change hands.
3.Leading a continuous unchaste life is a good ground which if proved is likely to kove the court to see the welfare of the child at stake and protect her future the custody may be altered.
4.Soif you manage to prove the infidelity of your wife which must be continuing for long period of time you have a god case for custody.
You should apply in the family court and seek custody of your daughter
2) mention daughter vaccination not done yet and had been neglected by her mother
3)welfare of child is paramount consideration
If you have such a
Proof to prove that ur wife is leading a adultery life definitely you will succeed in the case of child custody. While considering the child custody, the court would usually take 3 points to consideration 1. Welfare of the child, 2. Moral Conduct of the mother and father, 3 . Social and economical status. In you case is concern you have fulfilled all the criteria and definitely you would succeed the case. If she already set exparte in child custody application then file E P to execute the decree.
1. Since your wife has been proceeded against ex parte the court will now proceed to take your evidence and thereafter decide both cases unless your wife applies to the court to set aside the ex parte order.
2. Even if your wife applies to the court to set aside ex parte proceedings then also you can get the custody of your daughter if you can prove that your wife is not competent to secure the welfare of your daughter.
3. The pictures of your wife which are in your possession can help you,
Yes you can definitely get the custody for your daughter by stating all the facts and issues. The main parameter for getting the custody is good welfare for the child in terms of education an growth.
Hi
as per the law the custody of daughter of less than 5 years of age would remain with mother but as you explained the situation you are also eligible for the custody. If she have been declared ex-parte then please follow the decree guidelines and get your daughter recovered from her with court orders.
Also if you were represented with wrong facts about about your wife educational achievements then Nullification of marriage was also an option but now you can be granted divorce decree via ex-parte .
Thank You
Dear Client,
When ex parte order has been issued in ur favor, y dont u file for execution of order and take custody of girl.
File an application in the court to get the order executed in the presence of local police.
Brings pics on court record, if necessitated, this way u will be managed to get permanent custody of child on ground on wife unchaste character and no maintenance need to paid if she demands.
Hello,
You will have to file suit for custody in the family court.
Bear in mind that the welfare of the child is of paramount importance and non vaccination of the child is not in welfare of the child.
The facts as described by you are good ground to make your case stronger.
Engage a good local lawyer.
Regards
You have stated to have got exparte decree in both the cases, then you try to execute the decree by filing an execution petition to execute the decree of child custody.
Since you have already got an exparte decree in the child custody case, there is no reason to write all those reasons for getting child custody, since your wife chose not to attend the court, it is clear that she has scant regards to your daughter also, hence you can get into her house, take away the child by force.
You can get yours daughter custody through court after satisfied the court about your wife position
