Child custody without divorce
sunil
(Querist) 17 April 2015
This query is : Resolved
my wife and her family didnt allow my son to attend the engagement ceremony of my brother.Infact they crossed all the limits and snatched my son from my hand.We tried a lot to convince her and her family but they behaved like goons threatening us.With regards to civil suit for child custody under Guardian & wards how can i start this as I want my son to attend the marriage of my brother in november.I hope that court will give the order by then if i initiate it now.Also whats ur view on me getting child custody as he wil be 5 years old in november and his education is also being impacted.My wife is a house wife and she has no source of income.Also she has left for small village in bihar with my son.Hope that court will consider that child will have better future and education with me in bangalore.I am still waiting for my wife to relent till june.She is not willing to give me divorce too.please advice
Advocate Ravinder
(Expert) 17 April 2015
If she is not ready for divorce, you better file petition to custody of child. There are several citations of supreme court that the welfare of child is the prominent factor in deciding the custody of child. Hence, the court asks your child, whether he wants to stay with you or with your wife. Depending on the answer of your son, the court will decide with whom the child should be sent.
Your wife is jobless is immaterial. She may claim maintenance from you for herself and for your child.
Rajendra K Goyal
(Expert) 17 April 2015
You can prey for interim visitation rights till final orders of the custody. Also prey the court for orders to instruct them to allow your son to attend marriage of your brother.
sunil
(Querist) 17 April 2015
Hi Sir
whats the procedure to prey the orders for allowing my son to attend marriage.Can i do it in bangalore court.My son is in Patna and my native place is ranchi.How much time it takes to get the order from court
T. Kalaiselvan, Advocate
(Expert) 25 April 2015
There is no such impediment, you have to plead the grounds in the application giving valid reasons for visitation rights, contact your lawyer for further issues.
