Urgent help needed: how to get child back from wife? rcr ?
Anu
(Querist) 27 November 2014
This query is : Resolved
My cousin brother got married in January,2013 and his son was born in January, 2014. However after the marriage, his wife neither accepted his house nor his family (father,mother,sister).My cousin never argued with her over this and continued to take care of her during pregnancy and whenever she fell sick.Also,his family took great care of her, thinking that after she becomes mother she will change. But after child was born she never took care of child, cousin's sister used to take full care of his son, except feeding the baby. Now from August, his wife's mother started calling her daily for 2 hrs and was thus brainwashed and pressurised her to come and live with her, but cousin and his family were not in favour of sending her with little son as she wasn't taking any care of her son. So they all decided to go to her home. When they reached there, her mother insulted cousin's family at maximum in front of relatives but none from my cousin's family argued. Now in October, wife's brother and uncle came to cousin's house and liedthat her father is very sick and wants to see little one also.After much heated argument, they were sent. 1 month passed, they didn't picked up my cousin's phone, neither his wife. In November my cousin and his father went to her home to take her back , but there his brother and uncle threatened that cousin that his family will be sent to jail for dowry. Her mother also said that cousin and his family has to write on paper as per her wish and cousin needs to visit regularly and make her parents happy, say sorry to her family after which they will think of sending her back. Among all this the little boy (cousin's son of 8 months old) is very much terrified at her home.My cousin wants his son back but his wife is not wiling to come back neither giving the son. Cousin has tried several time to convince her over phone but now she is threatening him.We have started to record her phone calls now as a proof. One more thing cousin's in-laws are migrants from Pakistan and migrated to India 25 years back. Her parents have Indian nationality but neither she nor her brother has Indian nationality.My cousin after marriage has filed for her nationality and she is supposed to get it in December,2014. How can we stop her from getting nationality now and should we fie FIR against her for harrasment and then file RCR and child custody to get back the child. Cousin's wife is rigid neither to come back nor to give the child.Which legal option should he choose.
Devajyoti Barman
(Expert) 27 November 2014
File a RCR and custody suit.
You can stop a person from applying for citizenship of another country.
However this fact can be highlighted in custody suit so the court may pass necessary order regarding safety and visitation of the child.
Rajendra K Goyal
(Expert) 27 November 2014
Try for amicable solution of the problem. If it is not possible file case for child custody and visiting rights till final orders.
V R SHROFF
(Expert) 27 November 2014
Immediately file custody suit+ RCR as advised by Shri Barman
Apply for interim orders ex-5
ajay sethi
(Expert) 27 November 2014
agree with experts
Dr J C Vashista
(Expert) 28 November 2014
I find the contents of query are one sided story, wherein author has a baised mind. Is it possible that there is a querrel and insulting bridefroom's family in front of relatives of bride and bridegroom's family donot utter a single word in retalation?
The boy of 8 months is terrified??? are you sure??
The bride's migrated from Pakistan about 25 years back, did they get Indian citizenship, when her parents have Indian nationality and neither she nor her brother?? How does RCR decree passed by Indian Courts, for the sake of arguments, be executed on Pak nationals??
Number is inconsistancies in the facts explained and prima faice it is an imaginary/hypothetical story.
T. Kalaiselvan, Advocate
(Expert) 30 November 2014
Even I feel that the observations made by the expert Dr.Vashista are appearing to be very proper because the story is hard to be believed, however the same query has been posted by the author in the forum section too, where I have given my own opinion.
Anu
(Querist) 06 December 2014
Thanks to the experts for their useful advice..your advice matters a lot. Just wanted to make clear to Mr Vashista & Mr Kalaiselvan that I may be short of words or my words could not explain the whole story as it should have been but its NOT a imaginary or hypothetical story.Just an advice to you both respectful people please do not hurt anyone's feelings by merely using imaginary and hypothetical words. If you cannot believe or don't agree with anyone's problem then please do not comment and use such words..IT HURTS sir..!!!
