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child custody undecided, mother immediately married after court order


09-Jul-2023 (In Child Custody Law)
Respected sir, This problem is of my brother. In social meeting it was decided to file for mutual consent divorce and custody was to be kept with my brother with terms decided that she will not further harass them. He and his wife flied mutual consent divorce petition in 2015, which was unilaterally withdrew by her immediately in a month or two. Then she filed for restitution and alimony / maintenance case in Ahmadabad in 2016, along which she has asked for children custody. We were agreed to give her custody in reply but she was not willing to take it when judge asked to take. My brother filed 13 A in Rajkot ( where he lives ) on grounds of mantle cruelty and adultery. Divorce was granted by court before 2 months. No mention of custody done in court order. Now we came to know before few days that she got married to someone just few days after court's decision. Now, my brother is having heart attack because of so much mental stress and torturing from her and my parents aged 70 years
Answers (1)

Answer #1
992 votes
now you can file as early as possible set side order of the Family court in the your jurisdiction and mentions in tthe petition which custody issue it's error by both of you in the early Divorce petitions
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