My children were living with me from the day there mother left ie. from Dec 2005, except for a short period of 2-3 days when she left home and took the 4 year old son Aryan with her. But my child Aryan refused to live with her saying he wants to go to his home , she beat up the little child and threw him out of her parent's house. She thought this way the child will relent to her wills.
But some neighours phoned me and I went at 11 in the night and found my son sitting alone and weeping. The moment he saw me he leapt to my arms and asked to take him home.
This was in Dec 2005. Then she sent me a legal notice in August 2006. My advocate friend replied to this notice. They sent a person to me to offer compromise. She came back on 27 th Sept 2006, and again left in I st week of October and lodged a police complaint.
The police found her ill motives and nothing happened at police station. Actually my friend Sudhir Dubey helped a lot and it is thanks to him that except me no one had to go to police station, and that too for counselling.
She filed for maintainence and custody of children. Family court Gwalior awarded interim custody in my favour after interviewing both the children. They specifically stated that they will live with their father. Aryan also told the judge about how he was beaten. The judge noted all these findings in the interim order which while awarding custody in my favour held that she can meet the children any time and at School too.
Now they filed appeal before the High Court Gwalior (692/2008). But today the court has issued order and changed following : While granting custody children's welfare is of paramount consideration. Hon'ble High Court stated that it will not be just and proper to grant custody to the petitioner (mother). Her visiting rights are limited only for Saturday or Sunday. She can take them for two hours but the condition is if the children wish to go with her.
I will scan the order tomorrow and any SIF member who wish to have a copy can mail me at
ak13gwalior@gmail.com, and I will be most happy to mail him the order.
If you are from Gwalior please, please contact me, and we will form Gwalior unit.