• Child custody

Im from Muslim religion and married as per muslim rules. I got disputes with wife, she filed 498A, DVC, MC on me to threat me to give her talaq in 2016. And she filed all cases too far from working place. She is not showing my twin babies since 2017. She is saying after all cases cleared only she will show my kids. 
Please suggest how can i get my children back and how to close these all cases?
Asked 7 years ago in Family Law
Religion: Muslim

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7 Answers

hello,

she cannot keep the kids away from you as this is illegal custody. file a complaint with the magistrate about the kids and ask for visitation rights in the family courts. try mediation and if she is not willing to come back then divorce her.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You can file petition in family court seek visitation rights for your children

2) court would grant you visitation rights of once a week or 15 days

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

You can file for the custody of the children. You can get interim order for visitation of your children

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

Hello,

Please ask your lawyer to file a suit under GWAct.

Thanks and regards

Swarupananda Neogi
Advocate, Kolkata
2996 Answers
6 Consultations

File a writ of corpus immediately in the concerned High Court having jurisdiction in the matter.

This writ must be filed at the place where your wife is living along with the kids.

The other option for you is to file a child custody petition, but the writ of mandamus is a more efficacious remedy at this stage.

Vibhanshu Srivastava
Advocate, Lucknow
9770 Answers
323 Consultations

1. You have to file a petition under Guardians and Wards Act before the Guardianship Judge to seek the custody of your child. In a child custody dispute the only consideration for the court is welfare of child. If you can prove that you are more competent than child's mother to secure the welfare of child then you become eligible to get the custody of child.

2. The least that court will give you is visitation rights.

3. The cases filed by her on you have to be contested on merits.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

You can file a child custody case under the guardian ans Wards act.

In that you may file another application seeking visitation rights to visit your child as an interim relief till the disposal of main petition seeking child custody.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

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