Respected Sir, My wife Died in nov 2017, she was Living separated from Me at her parents home with my 7 year Son, now my 70 year old mother-in-Law does not giving the custody of my Son, my mother-in-Law have 2 more Married Daughters and she have no son. my father in law died 5 years back/ kindly suggest how can i get my son to my Home.My mother-in-Law have 2 Daughters who are elders then my wife. i came to know that my wife's sisters and their husband killed to my Wife. i gave application in human right commission for inquiry of murder .this inquiry is pending with SSP office fazilka. now i am afraid that they may kill my son also as my mother in law have 18 acre Land property . and my Sister in Law donot want to give my Son's Share . plzz suggest me any Child custody expert Vakeel also. Gurvinder singh e mail id. [deleted]
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
Sir since you are the natural.guardian of child file a petition before the family court where child is now residing with grand mother praying for custody of child .
Sir in case of child custody welfare is paramount consideration and site before court child is not safe there you have provide him better emotional and financial support along with you are natural guardian court shall grant you custody.
sir i have filed a petition before the family court where child is now residing with grand mother praying for custody of child. but hare in Local courts procedure is Slow as 4 moths have passed but mother in Law did not appear before the court. sir i want to file my application before High court
You hav e rightly filed application for custody of your son before family court
2) if mother in law does not attend court you would get exparte decree
You cannot file application before HC when your case is pending before family court
Firslty, yes you can file a Writ of Mandamus read with section 151 of CPC for praying the expedition proceedings in the case.
Secondly, or if you want to trigger an alarm for all then you should file habeas corpus Writ in the High Court showing that you have no idea where is your child.
Thirdly, try to not to connect to her anyway. Then go for habeas after 15 days at least.
sir , is their any provision for run my case on fast track. as now my vakeel is suggesting that case will be decided after 2 year... and Life of my son is destroying day by day. and my mother in law do not allow my son to met me
Sir, I can understand the pain from which you may be going through.
Yes, you can in fact I would suggest you to please make a Writ of Mandamus read with section 151 of CPC to put the proceedings on fats track as the life of your son is in danger.
Rest sir, you are welcome to contact me through Kaanoon for any further assistance.
I may feel furtunate to help you with the format of the petition also if needed as it has to be drafted in a precise manner.
Good Luck...!
This is my response to you:
1. In the family court you can ask the court to file summons;
2. The court will serve three times, then do substituted service and then pasting of summons on the door;
3. Even if she does not appear then you can ask the court to pass ex-parte decree;
4. You can also complain under childline helpline number- 1098;
5. Once the court passes ex-parte decree the custody will be yours;
6. Also if still your mother does not hand over your son to you then you can file a case of abduction and kidnapping to the nearest police station;
7. Your lawyer should have speeded up the process and protested well in court;
8. Unless you or your lawyer do not take full efforts the delay is going to happen.
Seek interim visitation rights of your child
file application/petition for immediate interim orders
Sir let lower court pass some order if she does not appear this time also ask for an expartee order that she is purposefully delaying so interim order may be passed and you can be given custody if she fails to appear.
further you can go to high court vide writ for direction for early disposal, the high court shall also remand matter back to trial court only.
Sir file a writ before the high court seek direction to expedite the matter and direct trial court to decide matter in speedy manner.
hello,
file a petition in the HC for speedy disposal of the case on grounds of threat to the safety of the child. an application under 227 should be immediately filed.
regards
Dear Client,
Your son will get his mother's share in the property. Take care of your son. Demand custody of child in the family court.
You should file child custody case to get the custody of your children under GW act.
You are the natural guardian hence you have full rights.
You cannot file any petition before high court especially when there is a petition before the trial court.
You have to go by the court proceedings accordingly.
There is no provision in law for that.
Alternately you may file an application seeking visitation rights as an interim relief.