Child custoday

mohan.D (Querist) 10 July 2014 This query is : Resolved
Dear Experts

My self mohan and i got married on june 2010 and my wife desserted me on dec 2010 without any reason when she has desserted me she was 5 months pergant and due to wedlock we got male baby on 24-04-2011 and my wife family has not infromed me and my family and when i went to see my child they have not permited me to see baby and i filed RCR u/s 9 of HMA and visitation right to see my baby u/s 26 of HMA on 27-04-2012 in bangalore family court after receving the court notice my wife has loged a dowry cases against me and my parents on 22-05-2012 in my native after investigation by police they came to know it was false compliant and closed the case and my wife not attended the family court in bangalore and court have passed the EX-Party order that my wife has to come and join the matrimonal houses within six months from the date 20-10-2012 still also she has not joined me and she has put several cases on me know my son is 3.5 years old my father deided on 14-03-2013 that day only i have seen my son and my father deided without seeing his grand son know wife has put a case against my mother and me that she want a part of share in the property and she has put DV and maintence cases against me and court has grated interm mainteance of 4000rs/month for both to my wife and son i paid for 2 months and i produced a salary slip and appointement letter to court and know i am not paying anything has i am jobless and no property and when i see SC&HC citision when wife is going to job she is not entitled for maintance and when it come to child when she is not economicaly sound and cannot provide will eduction and good enviroment for growth of child father can take custoday of his minor son according to 1956 of HMA father is the natural guardein.
Dear experts
my querys are
1.How to take child custody?
2.Can i go for joint custody 1month with me and 1 month with my wife?
3.Are any other valuable suggestion?

Dear experts please help me

Warm Regards
mohan
9880962229

Follow Query

Report Abuse

Advocate M.Bhadra (Expert) 10 July 2014
Though you are an unemployed as you have mentioned,since you are father of the said child then you have to pay maintenance.Till your son is minor so you can not get custody of your child,you can submit for visitation right.

ajay sethi (Expert) 10 July 2014
your son is only 3 years old . no court will award custody of such young child to father . you will get visitation rights

V R SHROFF (Expert) 10 July 2014
my querys are
1.How to take child custody?

Ans: APPLY : BUT YOU WILL NOT GET
2.Can i go for joint custody 1 month with me and 1 month with my wife?:
Ans:you can go for, but will NOT GET IT
3.Are any other valuable suggestion:

Ans: Mohan, u will certainly not like it/ nor act upon!!! so sorry...

Rajendra K Goyal (Expert) 10 July 2014
Custody of minor son is generally given to mother, you may be given visitation rights. Agree with the expert V R SHROFF ji.

Guest (Expert) 10 July 2014
About your query # (1) & (2), you have negligible chance to have the custody of the 3-month old child. Moreso, you are jobless also to support your child.

About query (3), better concentrate on defending the dv case on merits of the case forgetting about the custody of the child for the present.