Child custody
3 years ago
My sister's husband filed a case against my sister for divorce and her 2 boy children also under control by him last 2 years but court not order, so many times our lawyer atten court case but no improvement. We spend lot of money for this case, some of our advocate also help him for this case so we delay to win justice.
Note. 1 boy age under 3 and another 6 age.
A.Dear Sir,
you can get justice within 3 months if you approach the High Court and get a direction from it to the family court and family court is supposed to dispose within 12 months. Exercise your legal rights never sleep over your rights. Please give me Rank 5 if you feel my answer helped you
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Karnataka Case Flow Management Rules
http://www.judicialreforms.in/forums/showthread.php?tid=63
SIMILAR RULES ARE FRAMED BY ALL THE HIGH COURTS
the Karnataka High Court has launched the Case Flow Management system.
The Karnataka (Case Flow Management in Subordinate Courts) Rules 2005, as it is called, was gazetted by the State Government almost two years ago. Subsequently, the High Court framed the rules applicable to all suits and civil proceedings before the subordinate civil courts and tribunals.
It divides cases into four tracks.
Disposal in 9 months:
In Track 1 the High court has included suits on maintenance, child custody, appointment of guardians and wards, visiting rights, letters of administration, succession certificate, recovery of rent and permanent injunction. All cases under this category will have to be disposed of within nine months.
Disposal in 12 months:
In Track 2, cases on execution, divorce and ejectment will have to be disposed of within 12 months.
Disposal in 24 months:
Cases to be disposed in 24 months relate to partition, declaration, specific performance, possession, mandatory injunction, appeals, damages, easements, trade marks, copy rights, patents and intellectual property rights.
Disposal in 24 months:
Cases that are not in any of the three categories are included in the fourth category and they too have to be disposed of in 24 months. The presiding officer, however, has the right to dispose of the case earlier.
The rules prescribe a mandatory time limit for various court procedures such as issue of summons/notices. Proceedings shall indicate a maximum of 30 days for filing statement or objection from the date of service.
The procedures for IAs and interim orders and reference to mediation, conciliation or Lok Adalat, appointment of commissioners for recording of evidence, proceedings for perjury, adjournment and even first appeals have also been spelt out.
http://www.judicialreforms.in/forums/showthread.php?tid=63
you can get justice within 3 months if you approach the High Court and get a direction from it to the family court and family court is supposed to dispose within 12 months. Exercise your legal rights never sleep over your rights. Please give me Rank 5 if you feel my answer helped you
=======================================================
Karnataka Case Flow Management Rules
http://www.judicialreforms.in/forums/showthread.php?tid=63
SIMILAR RULES ARE FRAMED BY ALL THE HIGH COURTS
the Karnataka High Court has launched the Case Flow Management system.
The Karnataka (Case Flow Management in Subordinate Courts) Rules 2005, as it is called, was gazetted by the State Government almost two years ago. Subsequently, the High Court framed the rules applicable to all suits and civil proceedings before the subordinate civil courts and tribunals.
It divides cases into four tracks.
Disposal in 9 months:
In Track 1 the High court has included suits on maintenance, child custody, appointment of guardians and wards, visiting rights, letters of administration, succession certificate, recovery of rent and permanent injunction. All cases under this category will have to be disposed of within nine months.
Disposal in 12 months:
In Track 2, cases on execution, divorce and ejectment will have to be disposed of within 12 months.
Disposal in 24 months:
Cases to be disposed in 24 months relate to partition, declaration, specific performance, possession, mandatory injunction, appeals, damages, easements, trade marks, copy rights, patents and intellectual property rights.
Disposal in 24 months:
Cases that are not in any of the three categories are included in the fourth category and they too have to be disposed of in 24 months. The presiding officer, however, has the right to dispose of the case earlier.
The rules prescribe a mandatory time limit for various court procedures such as issue of summons/notices. Proceedings shall indicate a maximum of 30 days for filing statement or objection from the date of service.
The procedures for IAs and interim orders and reference to mediation, conciliation or Lok Adalat, appointment of commissioners for recording of evidence, proceedings for perjury, adjournment and even first appeals have also been spelt out.
http://www.judicialreforms.in/forums/showthread.php?tid=63
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Devesh Tripathi
Responded 3 years ago
A.having seen the age of children and the story you narrated in it , this appears a good case for argument and court will most probably will give relief to you . if lower court not giving , you can go to upper / high court for speedy disposal of matter.
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Sarvesh Kumar
Responded 3 years ago
A.First, you file under the Guardians and Wards Act, 1890 are equally applicable in dealing with the custody of a child under Section 26 of the Hindu Marriage Act, 1955,relating to custody of a growing child and then filed maintenance application under 125 Cr.P.C. and filed application before the High Court for expedite the pending proceeding of lower court within stipulated time and the Hon'ble High Court may fixed the time period for decide the same.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
I hope necessary application was filed, if the application was not allowed, you should move to a higher court.
Please note, while granting the custody, the court look into the age, paramount welfare of the minor. As per the aged mother should get the upper hand for the custody.
I hope necessary application was filed, if the application was not allowed, you should move to a higher court.
Please note, while granting the custody, the court look into the age, paramount welfare of the minor. As per the aged mother should get the upper hand for the custody.
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Suneel Moudgil
Responded 3 years ago
A.The mother usually gets custody of the minor child, under the age of five but after five it can be given to any parent.
various factors are considered while deciding custody petition like financial status, the welfare of the child, will/consent of the child, educational status, living standard, place, extra amenities, etc
The most important factor is the BEST INTEREST OF THE CHILD.
The earning capacity of the parent does not determine custody, but the capacity to provide a safe and secure environment does. Even a mother who is a housewife can gain custody of the child and the father will be asked to provide child support.
keeping in view the above facts, you can prepare your case/defense.
if you are not satisfy with your present lawyer, you can change him/her and appoint a new one,
various factors are considered while deciding custody petition like financial status, the welfare of the child, will/consent of the child, educational status, living standard, place, extra amenities, etc
The most important factor is the BEST INTEREST OF THE CHILD.
The earning capacity of the parent does not determine custody, but the capacity to provide a safe and secure environment does. Even a mother who is a housewife can gain custody of the child and the father will be asked to provide child support.
keeping in view the above facts, you can prepare your case/defense.
if you are not satisfy with your present lawyer, you can change him/her and appoint a new one,
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