Getting child back.
M Selvasekaran
(Querist) 15 May 2014
This query is : Resolved
Sir,
I have Filed Restitution of Conjugal Rights case against my Wife . , How much Minimun Time take to get Verdict. I am Living past one year Lonely. In Jan 2014 I filed case , I Hearing finished on mar 14 , Next to be heared on June 2014.. In my Case There is No witnesses Against me But She is Blaming Lot of complaint like Not Giving Food, Harassement, torture, Dowry . And also If a Women told any thing with tears every / Most Gentleman will accept, . Now my Child of three years is living with her, Can I Get the child Now , How can i Get the child back . Already I am paying maint Allowance to my wife by the advice of my lawyer. NOw She wants More Maint Allowance , But Doesnt want to Come with me Or Dont want to give Divorce also. Give Remedy
Regards : M. Selvasekaran
Devajyoti Barman
(Expert) 15 May 2014
Time span of a suit can not be predicted.
To get back the child you have to file a fresh suit for custody of the child under Guardian and Wards Act.
RCR even if allowed can hardly be implemented if the spouse still refuses to come back.
Rajendra K Goyal
(Expert) 15 May 2014
If she does not want to come to you, RCR can not force. May file suit for custody of your child.
Agree with the expert Devajyoti Barman ji.
V R SHROFF
(Expert) 15 May 2014
Q: How can i Get the child back .
Ans : You cannot get back [forget , as chances are rare]
Q: RCR :
ANS: RCR ARE USELESS LITIGATIONS; except provide ground for Divorce.
Advise: File case for Custody/ visitation/ access of your CHILD, SO YOU CAN MEET THE CHILD.
ajay sethi
(Expert) 15 May 2014
you can get visitation rights . custody is generally awarded to the mother .
your wife just wants money does not want to stay with you or file for divorce .since you have filed RCR chances are she will file counter cases against you
T. Kalaiselvan, Advocate
(Expert) 15 May 2014
As advised by experts, RCR is waste exercise, may be it is a misguidance by someone to avoid paying maintenance that you have taken this route. For bring back your child, you have no option than to file an application for child custody in which you can file an application for visitation rights of the child as an interim measure. The decision on RCR will take its own time since it is another case in the court.
Dr J C Vashista
(Expert) 15 May 2014
Very well explained and advised by the experts, I agree on the point of RCR case, it is a useless weapon with a patidev(husband).
File case for custody of the minor u/s 12 of G&WA, you will be given vistation rights initially,(interim)U/S 25 of the Act, subsequently custody can be granted, if you can prove to be taking better (than mother) care of minor and protect minor's interest, the paramount consideration for the Court.
M Selvasekaran
(Querist) 23 May 2014
Sir T Kalaiselvam Sir Sir I am paying Maint Charges of 3000 /- Per Month,
I am asking Maximum / Minimum time span to get verdict , not exactly Sir. Can I File Custody/ visitation/ access of my CHILD immediately . How Much Time to get Verdict / interim Measure to this case in Tamil Nadu - Tuticorin Sub Court
M Selvasekaran
(Querist) 23 May 2014
THANKS FOR ALL EXPERTS YOU HAVE GIVEN VALUABLE ADVISE.
T. Kalaiselvan, Advocate
(Expert) 24 May 2014
The time cannot be predicted, it depends on many factors, primarily upon the work load and burden of the court and then the conduct of the advocates/parties, thus, it may be disposed within a year too or it may take upto 5 years also.
Dr J C Vashista
(Expert) 24 May 2014
No one can say how much time, effort and money will be wasted
M Selvasekaran
(Querist) 26 May 2014
Is there Indian Law Only for Women. According to the Experts RCR Is a Useless case. Ok If i file a case for Divorce , we came to know that She is not ready to Give divorce also. So It will take More years , She is Not ready to Live with me , Or Ready to Give Divorce and Not allowing me to see my Child or ready to give custody of child to me.. that means In India men;s have to waste Time , Money for seeing his Child also. So men's are Cursed fellow according to Indian Law. What can I Do For That ..................?
R.K Nanda
(Expert) 29 May 2014
consult local lawyer.
