How can i get the custody of my son
Raj Kishor Sahu
(Querist) 23 April 2014
This query is : Resolved
Name: - Raj Kishor Sahu
D.O.B: - 08th Sep 1984
Spouse: - WIFE
D.O.B: - 26th June 1982
Son: - Ansh Rajkishor Sahu
D.O.B: - 26th Dec 2009
Court Marriage Date: - 21th Nov 2007
Arrange Marriage: - 11th Feb 2008
I met “WIFE” on the first week of August 2007 when I joined “a Company” – Ahmadabad.
We became friends and I told her everything about my life about my family. And then I proposed her on the next week and then she positively agreed my proposal.
She told me that her parents are looking for a groom for her for her marriage as in their cast all girls get married on 21yrs . she is having a pressure of getting married ASAP From her parents. Then I and one of my friend named “Best Friend” went to her house and met her parents and had a conversation about my life and told everything. and then they approved me but her mother put a condition that “we cannot meet each other or roam hear and their before marriage” as it can ruin their image in the society. And gave me the suggestion of getting court marriage now and later on we can make it a arrange marriage. At that time I was earning Rs.4000/- only
I agreed to the proposal and we get legally married on court on 21st NOV 2007.
Then I went to porbandar on nov 2007 and I was earning Rs.10000/- only, after that I was getting pressure to get married Soon, than I finally convinced my parents. And then they came to porbandar on feb 2008 to fix my engagement and marriage dates. I was busy with my work so my parents went to Bhavnagar to meet “WIFE” parents and discuss everything. Then they came back the other day to porbandar before they reach porbandar I got a call from “WIFE” that my parents misbehaved mital parents and then when my parents reached porbandar I had a sensitive quarrel with them about the incident and then they went away from porbandar. And I decided to marry mital without my parent’s approval. and asked “WIFE” parents to go ahead with the pandit to fix the dates of marriage, and then I got a reply from them that the dates are 11th of Feb. and no dates are available after it. So I agreed and we got married on 11th Feb 2008. In which my parents were present. After getting married she came to my porbandar house and the next day she complained about my parents that they are torturing her while I was out of the house. Than I got angry and quarreled and then my parents got angry and went away from their and went to Orissa and after that day I didn’t have any conversation with my parents for a long time. After some days of our marriage we quarrel because of our non performance of newly married life. So I used to sleep outside the bed room and used to watch TV and chat with friends.At porbandar I purchased “TV”, Freeg”, Washing Machine” of approx Rs. 50000/- to make comfortable to “WIFE” and can do the work easily. In a monthly installments, by the reference of my “COMPANY” owner “XYZ”. After one to two month I had some complications with my job and then I had left the job of porbandar. Because of my monthly installments I couldn’t leave my job from porbandar. So at that time my mother in law helped me with Rs. 40000/- to pay and leave porbandar on may 2008
Than we went to Bhavnagar and their I asked “WIFE” to rent a place where we can stay. But my mother in law adviced me that now your financial condition are not good and she will not feel good if we stay in other place if we have a place at Bhavnagar as one of the flat is in the name of “WIFE” and they will stay at the tenement at sagwadi. Which I agreed.
After some month I got a job at Bhavnagar with “ICICI PRUDENTIAL” Bhavnagar with a salary of Rs.13500/- on Sep 2008. We had quarrel in between us as “WIFE” was telling all the quarrels in between us and than my mother in law use to talk to me always and always use to interfere in both of our mater, we had a quarrel between us because she use to tell all our bedroom things which should be discussed in between us. And my mother in law use to talk to me regarding this. We had a quarrel in between us because the amount which I earn it is not sufficient and I have to find a different job. As I was not having any savings for future.
Once when I, “WIFE”, my mother in law and my sister in law were at house just in fun I made a naughty joke with “WIFE” and suddenly she yelled and reacted like anything and it taken a big quarrel and than my mother in law and mital were discussing about divorce with me and to arrange a lawyer (masa) to take the divorce. It hurted me a lot and many more things came into my mind and at that point of time I took 60 sleeping pills and tried to committee suicide but luckily been saved. And after that in the police verification I told them that I took it by mistake. And after counseling by “WIFE” and her mother I settled down. And after that my mother in law never interfered in our matter. After that I joined “RELIANCE LIFE” Bhavnagar with a salry of Rs.18000/- and after working for some month I got a chance to work with “COMPANY”sasan gir with a salary of Rs.13000/- which was at the projectial stage at that point of time mital was “expected” and I had a baby son on 26th dec 2009.
Than mital demanded to stay with me and I refused to come there, as at my place there was no comfortably of staying for my child. And he was just 2 mth old. Then I joined “COMPANY” vadodara with a salary of Rs.25000/- on april 2010 which was at the projectial stage, everything was fine but after some month “WIFE” asked me to bring her to vadodara but I refused as the place where I was there was no such facilities and 25 kms away from vadodara and I was not in a situation to leave that place as the resort was in a projectial stage. This became a great quarrel and it was shorted out later. After some month I got a call from my parent’s that my father was very ill and wanted to see me and my family. I tried to convince “WIFE” but there was a lot of excuses I convinced her after a lot of conditions to go to Orissa and booked flight tickets for my family and went to Orissa, when we reached there she again quarrel and she insulted me infront of all my family members many times. After that we came back to Gujarat after spending 0ne day at Orissa.
Than I got a job with “COMPANY” gandhinagar with a salary of Rs.25000/- on dec 2010. There I rented 2BHK row house and called “WIFE” to come and stay with me, she started quarrelling with me that my parents cannot stay with me their and made many excuses not to come there. When my parents came to gandhinagar they asked “WIFE” to come there but she denied and made many excuses and after many conversation my father and mother went to bring her and she came to gandhinagar the day she came at evening I met her and went to the hotel as I was having a group arrival so I couldn’t came to home early and I when I came to home at 10 pm, I bought all dinner and we with all family had dinner together. The next day I went to job and at afternoon I got a call from “WIFE” mobile many times as I was in the meeting I couldn’t attend the call and after some time I got a text message that she is going to Bhavnagar as she can’t stay with my parents. Then I rushed to home and tries to handle the situation and in between while I was talking to my mother she ran with my son out of the house and called the police and logged the complain that we are harassing her and not allowing her to go to Bhavnagar. Than the police came and took me to the police station with her and later after a scolding from police inspector they released both of us. After that incident we had a lot of quarrel and than she was threatening me. Than I went to mahila police station with my parent’s and discussed with the inspector in police and than the in charge talked with her about it and asked her to come and stay with me. But she made a pressure of the “HIGHER GOVT. AUTHORITY” of ahmedabad to the police in charge and that the police in charge had not took any interest in my case. Than I had a telephonic conversation with “WIFE” and I in anger abused her. And later on when I realized that what I had did. I tried to convince her and asked her to come back to gandhinagar. She got convinced and after many conditions made by her she again talked to me. And she told me to rent a different house as she is not willing to stay their. Than I did the same and took a different house and after that I asked her to come and stay with me but she always makes excuses to come and stay with me. Than I got a job at “COMPANY” junagadh with a salary of 35000/- . I took a rented house and junagad and after that she cam and stayed with me at junagadh and always complaining me that I was not able to spent time with her. Than we decided that we will be shifted to Bhavnagar and I was getting a pressure to find job at Bhavnagar. But I was not willing to go to Bhavnagar.
So I was shifted to “COMPANY” with a salary of 20000/-Rajkot. We had a quarrel always and one day I got a call from my friend that “WIFE” had updated her status as “SINGLE” at a social networking sight FACEBOOK and then I tried to call her end number of times but she didn’t pick my phone and later on instantly I went to Bhavnagar and asked her to come with me but she denied me and in anger I slapped her twice or thrice and she pickedup a iron thing and tried harm be but I caught her hand and then I left everything and only took my study certification and came back to Rajkot. The she called me and threatened me that “she will talk to my owner of the hotel as her relatives are from junagadh and she will harm my job, again I got a call from her with thereten that she want a divorce and she asked me to come to bhavnagar to sign the documents. But I refused to go to Bhavnagar and asked her to send me the documents I will read it and sign it. but later on I got a call from her lawyer that I have to come to Bhavnagar to sign the documents. But I refused to go to Bhavnagar. And after that we didn’t have any conversation with each other. And asked many of my friends to convince her to stay with me and make a new start but she made many allegations about me to my friends and denied for everything and she told that she will not divorce me nor stay with me anymore. In the mean while I stopped sending all expences and money. While she was asking me for the money, I started giving her excuses, and asked her to use the money which she have and later on I will send her money.
After some days I got a call from her she talked to me very sweetly and for same days she was cool and suddenly she told me that in anger she had lodged a complain in court of 125 section.
And it can come to me . as our relation ship is normal now she had withdrawd the case. I should refuse to receive the documents. Than I denied it and told her that I will receive thw documents and will apper the said dates. After getting the legal documents. I was socked that it was 15 page complain against me and my parants. When I asked her about the elligation “how could she sign such documents, she told me that it is the process for getting divorce. Now everything is normal leave everything. When I went on the appering date on court. I got to know that the cas is not been withdrawed. Than on the same dat it got withdrawed and got all the documents of withdrawel. After that I got a call from mahila police station for counciling. So I went their and asked her to come with me in front of the inspector. She took 2 days for replying. And after 2 days she didn’t reply the police persons also. And me aswell after many days again I asked and tried to convince her.
Again we had a big quarrel in between us and than I finally decided to return to my home town.(ODISHA). And I started convincing her to come with me. But after several tries I couldint convince her.
On 27th may 2013. now again I asked a very good friend(sister) of mine to come to my place and try to convince her. My friend with her famaily came to have a visit. And than I asked her to convince “WIFE” to come to my place and we had a conversation. While the visit we went for an holiday. And tried to make and change the situation, as she have a dominating nature. She again started to do such behaviour in front of my friends. As my friend was very close to me. They handled the situation.
Because of quarrel only we came back to rajkot before the holiday ends. Than she started threatning me again that she will go back to bhavnagar to her mother. Than in anger this time I told her that if you want to go you can go but this time you have to break the relationship and move on as I cant take it any more. Than I asked my advocate to make the documents and than the documents were made, while reading the documents, she talked to her mother and than she asked me to change a claus that “ I will not be able to have any relation with my son in future in any circumstances”. Than I had agreed and signed the documents. And after that we notarized the documents.
After that the same day I asked to make a proceeding for legal divorce as it will take time for 6 mth. Than she denied me to do so. Then after she went to her home with my son and after that my friend who was there called her and asked her for the situation she theretend abt me that she will louge a complain against me that I had forcefully asked her to sign the documents.
Than we had a quarell and the matter closed after some mth I decided to go back to “ODISHA” to my parents. Than while I was at odisha I got a call from her and she tried to convince me and apploized me for what ever happened. And she would like to stay with me. As I asked her to stay with me with my parents. She agreed with all the terms and condition of mine. I asked her to fix a date and come to me or else I will go and bring her.
For some days it was an happy life for us.
Again after some days she started convincing me to not to stay with my parants, than again we ended up. Than I asked her to give me some time as I have to settel my parants and myself and that I will bring you and we will stay together with out my parants but near to them as if they require us we can be present ASAP.
After some span of time again quarrel and we ended up again.
Before some day she sent me a msg that “ for ansh shake now for the last time I am asking you that if you are willing to stay with us or not, you should reply by evening orelse I will not be abe to do anything tommorow”. I saw the msg after 3 or 4 days,
I got to know from my friend that she is engaged now and her ring ceremony is completed and now with in some days she will get married. After listining these I gave her a call after listining my voice she hanged my phone. After that I gave her a call for more than 100 times simultaniously.after some time I got a call from her “she asked me to talk to her quickly as her fiancee will call her and he is very important to her. As he is accepting her and my son.
I always send her money every month by bank transfer and cash whenever I go home.
I always go to meet “WIFE” and my son twice or thrice in every month and stay for 2 or three days.
Her complains:-
• I don’t give her time.
• I don’t give her money.
• I don’t have savings.
• I don’t take the responsibility of them.
• I don’t care about my son.
• I abused her.
• She don’t want to stay with me if I stay with my parents.
• She or my son don’t want to have any relation with my parents.
The above written things are for you knowledge to understand my case.
Now I kindly request you to plz assist me how can I get my sons custudy.
Thanking you in advance for your support and suggestion
Raj Kishor Sahu
ajay sethi
(Expert) 23 April 2014
Mr sahu
please be brief and to the point . summarise your query in 2 paras
Rajendra K Goyal
(Expert) 23 April 2014
welfare of child is paramount consideration for the court while giving custody of child. Generally it is given to mother.
Raj Kishor Sahu
(Querist) 23 April 2014
i would like to know that can i get the custody of my son. if not than can i get access or meet my son atleast on his birthday.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 23 April 2014
yes...u can file an application by claiming visitation rights with the court of having jurisdiction where ur son took birth or where he/she had ever resided or presently residing. For any kind of legal services u can contact us at 9871158578/9990225600
Raj Kumar Makkad
(Expert) 24 April 2014
You have no other option but to file an application seeking custody of your children as per procedure already told to you.
