Wife and her advocate has not filed reply in child custody case put by

887 votes

If the wife has failed to file a reply despite opportunity, the court can proceed ex-parte or draw an adverse inference. However, custody is never automatic. The court’s paramount consideration is the welfare of the child. You may file a separate interim custody / interim visitation application supported by affidavits and evidence. If you prima facie prove neglect, abuse, non-schooling, and mental illness affecting child safety, the court can grant interim custody or at least immediate protective directions (medical evaluation, counseling, school admission, or custody with father). Final relief depends on evidence and child’s best interest.

Advocate Pankaj Bajaj LawRato

522 votes

If the wife has failed to file her written statement despite sufficient opportunity, the Family Court has power to proceed further and pass appropriate interim orders. Non-filing of reply does not automatically grant custody, but it allows the court to consider the husband’s pleadings and evidence on record. You may move a specific application for interim custody or interim visitation under the Guardians and Wards Act, read with relevant personal law. The paramount consideration of the court is the welfare of the child. Allegations such as mental illness of the mother, denial of schooling, physical abuse, and wrongful confinement are serious. If supported by medical records, school records, complaints, or other documentary evidence, the court can pass interim protective orders, including temporary custody or supervised custody, even at the next date. The court may also order counselling, interaction, or a welfare report. Immediate relief is possible if urgency and risk to the child are prima facie shown.

Advocate Vinod Todiwan LawRato