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kilimanjaro (md)     25 October 2014

3.5 and 6 year two girl child custody

My wife ran away with my two children on september 11th , she planned everything pretty well two months before the date she ran away , she packed all clothes of children and hers in small quantity and i had no clue about hers plans and i never doubted and thought that she would do such thing.

i came to know all the facts once i raised a police complaint and took call records of my wife number along with my mother in law and sister in law call records.

Everything is pretty clear that my wife along with her mother and sister planned this pretty well.

 

Wife cheap allegations which i can totally prove as false with valid proof.

1. that im giving her s*x torture ? wonder how to answer this as my wife was never interested or showed any interest to sleep

2.that i tortured her for dowry ? everyone that i know or even my wife knows in my city knows that , i married my wife with all my own expenses which includes jewels and all the expenses were taken care by me and even before marriage i was taking care of her for 4 years totally as she had nobody in the city to help her.

3. She claims that i take naked photographs of my two daughters ? God will definetly punish her for this

4. she threatens that she will commit suicide if someone convinces her to live with me or take the children away from her. She already faked a suicide attempt and i ended up spending 50 grands for hospital expenses , She claimed she took 80 tenarmin 20 blood pressure tablets along with 10 sleeping pills . i thought my prayers saved her , Doctors laughed at me saying its a medical miracle your wife is alive after taking 80 pills. All her test results before and after medication while she was in the hospital.

i have tried all the best way to convince her but along with my mother in law and sister in law my wife is being brain washed or she gone mad to claim such allegations against me.

 

How do i claim custody of my children ?

Can i claim temporary custody of my children stating their education ? now they are not going to school ? bcoz my wife is currently in a different city far away from where im and sent a legal notice to me from that city . Do i have to find a lawyer in that city or i can file a case in my city itself ? its been 44 days so far since she ran away

What are the right steps to take ?

what are the chance that i can have the custody of my children provided that claims of my wife are totally false ? im in a better finnancial and family condition to raise my daughter in much better way that she can.

Her only motive seems to hurt me as much as she can for which she can go to any level



Learning

 6 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     25 October 2014

Dear,

 

File a petition under the Guardians and Wards Act, Indian Guardianship Act and seek their custody. Your chances of getting the custody could be high, because your wife is not a good women for the welfare of the children (which is the main ground to be considered by the courts while grating the custody i.e. paramount consideration is the welfare of the child).

 

Adv Kapil Chandna

9899011450

kilimanjaro (md)     25 October 2014

thank you kapil

im still trying not to take this issue to the court as im pretty sure that she has gone mad and have no idea what she is doing. i dont want her to suffer or dont want to trouble her by making her run to the court with our any financial or family support which she does not have.

 

But the sake of my children i must go to court 

I shall wait for another week to settle this with her family members and convince my wife and if she still insists then i must file a petition under the Guardians and Wards Act, Indian Guardianship Act

 

Adv k . mahesh (advocate)     25 October 2014

GWA you have better chances as you have to show the place of her living does not have better schooling and better education as compared to your area 

but second daughter is only 3.5 years court may not consider 

try to discuss with her to solve the issue without going legally if not solved then come to us 

kilimanjaro (md)     26 October 2014

Now i received a legal notice from an advocate who mentioned on behalf of my wife with her name staying at an address which is totally incomplete like    Hariram house , andheri , mumbai .

 

Now i dont know my wife whereabout like where she is currently staying .

 

to whom do i send the notice if i want to go to court to file a case ?

Vickey Seerapu (Lawyer)     05 November 2014

consult an advocate and reply to the notice saying that come for settlement. In a similar way file a case against her under Hindu marriage act and send the notice to the consult advocate.

kilimanjaro (md)     09 November 2014

Thank you 

Im a muslim so are there any particular acts ?

I have sent a reply to the notice and found all the point she mentioned was totally fabricated in a very poor manner ,  Notice mentioned that i hit my wife she got wounded and got admitted in a hospital on so and so date and she was treated there for injuries.

The date mentioned was my elder daughters birthday 

The hospital mentioned was a maternity speciality hospital where i was taking my wife ten months prior conceving our first child for regular check up .

 

She got addmited in the hopistal a day prior as she had complications and doctors suggested its better to do cesarein that wait for a normal delivery.

 

My wife fabricated allegations are so filthy and rest other allegations she is spreading amonth her relatives , none of them is right 

 

Can i put a defamation case against that fabricated allegations against my wife mil and sil ????

 

 

Will it help 

 

currently my kids are with my wife in another state , What are the right steps to take my kids from such a filthy wife mil and sil

 

 

Its bocz my elder Sister in law is having an illicit relationship and let a man stay at her residence for 3 day n night , were there were only 3 people my sister in law , her daughter who is of 17 years age and the illicit relationship guy

 

my wife was aware of all this nonsense and she was fine with it along with my mother in law as well.

How can such people raise a kid with proper morals ? thats one reason why i want my kids to live with me 


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