Custody of a child

ks (Querist) 25 June 2016 This query is : Resolved
My cousin's wife is living separately since she gone for delivery. Earlier she used to give her daughter but for almost 2 years she refused to give. My cousin waited for her school admission and after admission, managed to get it directly from the school and was dropping back to her wife's home in the evening twice a week. He managed this for almost 1 year. [ Prior to picking daughter he was also informing his wife.]

Few days back wife refused school management to give him their daughter. School management held joint meeting and informed both to have some amicable solution. So ultimately his wife agreed to give her for twice a week.

Just after a week suddenly she gave a notice to the school not to handover the daughter to husband without court order.

Now the questions are :

1) Is the onus of getting the court order is on Husband ? If not, what he can do here ?

2) Suppose he goes to court how long is the procedure to restore the original status of getting daughter 2 days a week ?

[ Daughter is just of 4 years and husband is returning her back to her mother when she returns from the office.]

3) Is there any way by which she can be forced to maintain the agreed terms in presence of school management ? [ Like police intervention to maintain law and order till court issues final order]

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P. Venu (Expert) 26 June 2016
It is advisable to approach the Family Court and get appropriate Orders instead of burdening the School authorities with your family problems.

Devajyoti Barman (Expert) 26 June 2016
1. Generally the person under whose physically custody the child is kept does not require to get court order. So in this case it is father who will have to rush to court.
2. Around 6 months
3.Police has nothing to so in marital or family dispute of this nature.

R.K Nanda (Expert) 26 June 2016
Nothing to Add.

Rajendra K Goyal (Expert) 26 June 2016
Father has to obtain court orders to visit his 4 year daughter. Court proceedings may take time, discuss with lawyer. Police may not / will not intervene.

ks (Querist) 28 June 2016
As per the lawyers whom he consulted, they said that my cousin can file either RCR or Divorce and then only along with that he can file additional application for child custody.

Is it true ?

He doesn't want to give divorce for so many reasons. ( like due to illness of his mother he cant take risk to face any kind of false allegation.)

At the same time he doesn't want to file RCR because if wife comes back then problems will be more than the present situation.

Lawyers whom he consulted said that then there is no other option.

Can't he claim right over child (at least 2 days in a week - which he was getting till date) in this separated condition ?

Even the child also has the right to meet his father. Isn't so ?

Devajyoti Barman (Expert) 28 June 2016
Direct suit for custody of the child can be under guardian and Wards Act.
For this one need not file matrimonial suit.
In the custody suit he can apply for visitation rights.