Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rights of father vs rights of mother on son incase of divorc

Querist : Anonymous (Querist) 24 March 2018 This query is : Resolved 
Hi,

I have 3 years boy.My wife recently got unwell so she (with my son) went to her parents home (as per her wish only). Few days after, she started argument with me and doing emotional blackmail that she won't return to my home till I leave my parents. Then I said I won't leave my parents because (1) .iam only the son of them (2) .my parents never done any mistake to hurt her.
Then She is started threatening me that she won't send my son back anymore and will stay with her parents. On the same day night I have called 7 times and sent SMS. After that day she didn't replied me and not available to contact.

Fact is my in-laws was brain-washing my wife from many days to give divorce. One instance is my mother - in law was telling to to my wife to take divorce when I was talking to her on call few months backs when she went there. Everytime when my wife/I went to her parents home her mother will get into argument and starts insulting me and creates arguments between me and my wife.
Earlier, I have tried many times to convenience my wife that not if we take divorce then our son life will be spoiled. She will says OK for that instance and repeat the argument when she went to her parents. I can't stop sending my wife to her parents home when she wished because its against human rights and don't want trouble her

I want to know few things
1. How to prove My in-laws was behind this because unfortunately I don't have any call recordings and no other witnesses since all arguments happened between me and them during the calls. Is there any chance of getting call recordings from telephone operators?

2. In case my wife apply for the divorce, then who will have more rights to acquire him.?
3.I really worrying about my son health incase she had the more right to acquire my son. ONE IMPORTANT THING IS My WIFE never spent single paise to purchase milk bottles /medicine to my son in case of urgency when she was working and I was not available. How to prove that she is least bother about my sons health and life?

4. How to take legal action against my in-laws and my wife? I don't have any information on my sons health and not in contact with me from almost 20days which is causing high mental pressure on me and depression
5. My in-laws damaged my family prestige many times. One instance is they arranged meeting with my relatives and their relatives and accused me that I dropped my wife near to their home instead of at their home.What I did was as per my wife wish.so they declared me innocent. Can I take any action on the perspective of damage to prestige?
Querist : Anonymous (Querist) 24 March 2018
One more thing iam working in private company so will my career get effects incase I get into legal case with my wife / my in-laws and loose it ? Iam only the source of income for my parents
Querist : Anonymous (Querist) 24 March 2018
In addition to above.. My wife had thyroid before marriage but they hide this truth and cheated me
Dr J C Vashista (Expert) 25 March 2018
seeking obligation of experts FREE OF COST require to disclose your identity as per rules of this platform.
No reply for an "anonymous" author.
Consult a local prudent lawyer, if there is some truth in the story.
Vijay Raj Mahajan (Expert) 25 March 2018
To resolve the matrimonial dispute the best way out is that you seek the custody of the son under the Guardians & Wards Act,1890 read with the Hindu Minority & Guardianship Act,1956 on the ground that you are natural guardian and the best welfare of the minor child is with you for the reasons as you mentioned in your facts. You seek interim order for meeting or visiting the minor child on regular basis during the pendency of the main petition. Hope you are contributing financially for your minor child, keep record of all financial transfers done by you to your wife and minor child. The wife may seek maintenance for herself and minor child from you and for that you have to be ready.
The custody case is civil in nature will not have any affect on your career.
Querist : Anonymous (Querist) 27 March 2018
Tnq Vijay Raj Mahajan.. Will refer the sections suggested.. Once again tnx for the Quick help.. Really helped me
Querist : Anonymous (Querist) 27 March 2018
Tnq Vijay Raj Mahajan.. Will refer the sections suggested.. Once again tnx for the Quick help.. Really helped me
Ms.Usha Kapoor (Expert) 30 March 2018
I concur with Mr.Vijay. in Toto.Nothing more to say.
Ms.Usha Kapoor (Expert) 01 July 2018
I agree with Vijay Raj Mahajan
Ms.Usha Kapoor (Expert) 01 July 2018
I agree with Vijay Raj Mahajan.
Ms.Usha Kapoor (Expert) 01 July 2018
I agree with Vijay Raj Mahajan.
Ms.Usha Kapoor (Expert) 03 July 2018
I agree with Vijay Raj Mahajan.
Ms.Usha Kapoor (Expert) 03 July 2018
I agree with Vijay Raj Mahajan.
Ms.Usha Kapoor (Expert) 05 July 2018
I agree with Vijay Raj Mahajan.
Ms.Usha Kapoor (Expert) 05 July 2018
Iagree with Vijay Raj Mahajan'


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :