Child custody

Tilak Marg Forum for Legal Questions › Forums › Family Law › Child custody

Viewing 1 reply thread
  • Author
    Posts
    • May 23, 2017 at 3:45 pm #1320
      Govind singh
      Guest

      Dear Sir,

      My wife filed 498a and CrPC125 last year. I have a 3.5 year old son who is living with wife. I hadn’t filed for his custody and visitation till now, waiting to work it out mutually with wife but haven’t been successful till now. Today i came to know that my wife filed for divorce with interim custody of my son under HMA. I haven’t received notice of her divorce petition yet.

      My queries are:
      i. Now if I file for custody and visitation of my son under Guardian and Wards Act, will my GWA petition be ineffective/useless since wife has already asked for interim custody in her divorce petition or I shall go ahead and file GWA petition for custody and visitation?

      ii. In this situation, does my GWA petition for visitation and custody becomes legally weak in view of wife’s interim application for custody under HMA?

      iii. Can judge club my GWA petition with her interim custody application making it ineffective?

      Thank you very much.
      Govind

    • May 25, 2017 at 1:56 pm #1332
      Dr. Ashok Dhamija
      Advocate

      Merely because your wife has filed a divorce petition and has made an interim prayer for custody of child, does not legally prevent you from filing your own application for custody of the minor child. You can file your own petition / application under GWA and there is no legal restriction.

      It your petition is in the same court in which your wife’s petition is pending, then both these petitions may be heard together. If these are in different courts, either party can file a transfer petition before the appropriate higher court to get other petition transferred to the same court.

      Both the petitions will be heard on merits and a petition does not become weak on the ground that the opposite party has also filed a counter petition. Ultimately, the case has to be decided on merits.     

      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

  • Author
    Posts
Viewing 1 reply thread
  • The forum ‘Family Law’ is closed to new Questions and replies.