Child custody of two daughters for father - Maternal grandparents as co-petitioners in GWOP along with father against wife
The parties have two minor daughters. According to the husband, he wished to preserve the marriage for the welfare of the children. However, he alleges that the wife persistently pressured him to agree to a Mutual Consent Divorce (MCD), including repeated threats of initiating criminal proceedings if he refused. Consequently, the parties executed a Memorandum of Understanding (MOU), under which the jointly owned flat was to be sold, financial issues settled, and the father was to have primary residential custody under a 4:3 parenting arrangement. Both parties agreed to cooperate in raising the children. After filing the HMOP, both parties vacated the matrimonial home. The father shifted to his mother's residence with the children, while the mother moved to separate rented accommodation. According to the father, the maternal grandparents opposed the separation, remained actively involved in the children's upbringing, and have joined the father and paternal grandmother as co-petitioners in the Guardians and Wards Petition (GWOP), believing that the children's welfare is presently best served in the father's care.
The husband alleges that during the statutory cooling-off period, the mother unilaterally removed the children in breach of the agreed custody arrangement and retained them for several months. He states that the children remained out of school for approximately three to four months despite his having secured admissions, paid school fees, and made educational arrangements. He further alleges that the children were repeatedly exposed to police station visits, parental disputes, and an unstable environment, adversely affecting their education, routine, and emotional well-being.
The husband filed the Mutual Consent Divorce petition (HMOP) based on the MOU. However, the wife subsequently withdrew her consent at the second motion, resulting in dismissal of the HMOP. Consequently, the MOU could not be implemented, and the GWOP is now the principal pending proceeding concerning the children's welfare and custody. The husband proposes to institute a contested divorce on the grounds of mental and physical cruelty.
The GWOP relies upon school admission and attendance records, WhatsApp conversations, photographs, videos, CCTV footage, FIR and Senior Citizen proceedings, counselling-related records, and statements of the maternal grandparents. It also refers to alleged behavioral concerns, including aggression, emotional instability, threats of self-harm, and violent conduct before and after marriage, insofar as they are relevant to assessing the children's welfare. The principal issue is whether the cumulative evidence demonstrates that the children's welfare, educational continuity, emotional stability, and overall best interests would be better served by granting the father interim and permanent custody under the Guardians and Wards Act, with appropriate visitation to the mother.
Asked 6 hours ago in Family Law
Religion: Hindu
To add, the age of children is 4 years and 6 years respectively. And due to IAs filed against her about school absence , she has now started sending the children to a new school different from what father took admission. Its been 5 months that the father and the whole family has seen the children.
Asked 5 hours ago
all of a sudden the Respondent violating the
MOU terms along with her two henchmen forcefully entered into the
residential flat of petitioner No.4 assaulted and abused her, and
injured the petitioner No.1. Based on the complaint made by the
petitioner No.1 & 4 an FIR was lodged by the police in Cr
No. 65/2026 U/s. 329(4), 324(4),352,115(2),351(2),r/w 3(5) BNS
Asked 4 hours ago
The Respondent has a documented history of severe behavioral
instability during the period approximately between 2010 and 2015,
as known to her parental family. During the said period, the
Respondent exhibited repeated episodes of aggression towards her
own parents, including physical assault and violent outbursts.
Respondent is stated to have, on multiple occasions:
a) Physically assaulted her mother causing bodily injury;
b) Caused a knife injury to her mother’s shoulder, the scar of
which is still visible;
c) Engaged in self-harm behavior including wrist cutting;
d) Thrown household objects and stones in anger;
e) Used abusive and vulgar language against her parents in the
presence of neighbors.
f) The Respondent’s parents were, on several occasions, compelled
to confine themselves inside rooms to avoid physical assault.
g) The Respondent also underwent psychiatric consultations at XXXX Nursing Home and psychological counseling at XXXXX during the said period, and was advised prolonged
rest.
The Petitioners respectfully submit that several episodes of
extreme emotional instability on the part of the Respondent have
occurred in the direct presence of the minor children.
a) On one occasion, the Respondent attempted self-harm in the
presence of the minor children, which was recorded on video.
The children were visibly frightened and distressed.
b) On another occasion, the Respondent attempted to jump across
the balcony area during an emotional outburst, in the presence
of the children, causing panic and fear.
c) CCTV footage of certain incidents demonstrates violent
altercations within the household, including aggressive
behaviour toward the senior citizen mother-in-law, which
occurred while the children were present in the home
Asked 4 hours ago
What are the strength of these evidences ?
Asked 4 hours ago
