Custody of child 15 months old
SUNIL KUMAR
(Querist) 25 October 2014
This query is : Resolved
suresh one of my friend got married with neelam on 21/01/2012. both had this as second marriage. suresh is working in govt sector and neelam a housewife with merely low qualifications i.e.10+2.
after marriage some problems started and one day she left home wsithout informing in laws n husband over a family issue. she was taken back by suresh and her parents were informed. she, neelam, is so ignorant of her duties and starts shouting in street and picks up fight without any reason.
she feels that she is treated as maid. she never cooks for any one and just manages her meal only.
she gave birth to a baby girl around a year ago and since then she had changed a lot and grew more insensitive towards the family.
once she lifted the infant who was just a month as if it were a year old. and there are such instances. she never feeds the baby as per doctors or inlaws she goes her own ways.
around three and a half months ago she had a fight and she was slapped by the husband resultantly she left the inlaws. her father and brother came in and took her with all her ornaments.
husband after some days called her and asked her to come back. she had a condition that she would live separately which was agreed by the husband though she didnt return and was adamant to live at her parents.
now suresh wants to know when can he file a petition for the custody of his daughter who is just 15 months old.his wife is not educated enough to support herself and daughter ofcourse not she is educated enough to bring up the child in a right way...
what are other legal courses for him he wants both his wife and daughter to come home. please suggest.
Devajyoti Barman
(Expert) 25 October 2014
She can file suit for custody now but that is unlikely to be allowed . However he would be given chance to meet the child periodically.
Filing of any kind of suit should be the last resort of the husband as this dispute may get aggravated out of this and the tension can still be defused if the husband meets the wife in person and forces her to come back.
Rajendra K Goyal
(Expert) 25 October 2014
Attempts for amicable settlement to save the marriage is required. Once any case is filed the situation would become more complicated. Husband should do some more efforts and wait for some more time. It may take time for her to forget Physical assault to her by the husband.
Dr J C Vashista
(Expert) 26 October 2014
1. I fully agree and appreciate the mature and practical expert advise of Mr. Rajendra K Goyal.
2. Try and findout amicable solution to petty family dispute(s) with the help of elderly persons/relatives and save their matrimonial life.
3. The baby had no dispute with her parents who require love and affection of mother as well as father.
4. Moving to court is bound to spoil the relation and harmful for both the parties, avoid.
5. Seek consultancy from counsellor//local lawyer.
malipeddi jaggarao
(Expert) 27 October 2014
When your friend got married to this girl in his second marriage and also of the girl's, he should have verified the back ground before accepting the marriage. He has consented for this fully knowing her educational qualifications, which you are rising now again and again in the query. That is of no use.
If your friend opts out of this marriage also by filing divorce petition, will he get a better wife?
One has to reconcile to the fate - his is second marriage and he has gone for it willingly and he should adjust. In family life there is no question of qualifications, it is not a job. A girl of good character and good upbringing, though illiterate can manage the family affairs in best way looking into the feelings of every member. Hence your friend should shed the ego and treat her with love and affection. Then only one expect change in her behaviour.
Now your friend has a child also. What is the future of the child? He got married second time, had a child also, but still entertaining to severe the marital tie? In no way it will be helpful to him.
Hence, the best way to make efforts to change the attitude of the girl by showing love and affection.
T. Kalaiselvan, Advocate
(Expert) 27 October 2014
The misunderstanding between husband and wife on trivial issues and the wife leaving the matrimonial house has become a common issue these days among the newly married couples across the country, this doe not needs any traditional geographical culture, it is commonly prevalent among all the sects of people across the length and breadth of the country without much difference,and the adamant spouses are reluctant to reconcile and solve the issues or make good the difference of opinions between them. The time will answer if atleast one side remains calm for the present and the passage of time will certainly bring a relief either way.
