naveen (business) 09 October 2018

Can I bring child from in-laws

Hello experts, Can you please give me suggestions Since 5 years we ware married, from last 4.5 years wife stay in her parental house and not willing to return. Even not ready to give divorce. Ruining my life, already I am 39 now. 1.5 years back she got govt job as teacher. Since than she is staying 400km away from parental house. Even she is not taking care of child and left it with her parents. As per law childs best interest can be served by biological parents. If both the parents are not staying together than child should be with either parent. But in our case girl child of 4 years is with my ex wife parents. Can I forcibly bring child and take care of her in the better interest childs future? Can my wife or her parents file kidnap case on me? How I can safeguard myself and child. As she my ex wife not taking care of child and not keeping child with her and made child orphan without either parents care. I am thinking to bring child so that she can come for discussion either to give consent divorce or stay together. But no hopes of any reunion. What are the consequences I may phase if I bring child from my ex wifes parental house. As she is not staying with child since from 1.5 years. Wat court can say How police may act on it. Looking forward for your suggestions to step forward

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(Guest)

If they let you take her out of free will but I suggest not to forcibly or secretively grab your child from your in-laws. It can put you in legal trouble, police complaints etc. which is unnecessary headache. You should be in good shape if you want to fight for your child's life and her welfare.

Best approach for your is to file an application under Guardians and Wards act seeking permanent custody of your child along with interim visitaiton rights. But be prepared though - they will most likely (almost 100%) brainwash her against you, pour so much hatred toward you that your daughter will say she doesn't want to come to you in court. But courts are well aware of it and might award you the custody if court believes girl child is not being taken care of by her present caretakers.

I am not sure why you want divorce? First decide if you want to marry again or take care of your child. They both are contradicting goals. How will you take care of the child if you are remarried? If I were you, I wouldn't remarry because my child is most important for me. Hence, I won't go for divorce. By the way, divorce in court can take years, mind you and you may not even get it unless you can prove compelling reasons. If you are 39 now, by the time you get divorce and remarry you'll be 43-44 and divorce won't be of much use to you anyway. Your wife can also file false cases against you that you might have to run around courts for longer than that.

Helping Hand Advocate 10 October 2018

Originally posted by : naveen

Why did you let the kid be with her grandparents? That was a big mistake, you should have filed a memo stating the same to family court and asked for childs custody then and there. But in meantime you should have taken the kid with you to your house even if the grandparents objected. It will not amount to kidnapping. Offence is the best form of defence.

Just bring the kid with you and let them file a case about it in family court.

Make perior arrangements for home teacher or admission to school which has cab facility and take it cautiously.

Even if court asks you why you did it, cook up a story to show the grandparents and the ex wife as a careless mother, try getting the kid tell the sob story to the judge that the judge wil immediately hand over permannent custody of the child to you.

Can I forcibly bring child and take care of her in the better interest childs future?
Can my wife or her parents file kidnap case on me?
How I can safeguard myself and child.
As she my ex wife not taking care of child and not keeping child with her and made child orphan without either parents care.
I am thinking to bring child so that she can come for discussion either to give consent divorce or stay together. But no hopes of any reunion.
What are the consequences I may phase if I bring child from my ex wifes parental house. As she is not staying with child since from 1.5 years.
Wat court can say
How police may act on it.
Looking forward for your suggestions to step forward

Helping Hand Advocate 10 October 2018

Dont worry about police, they are dogs, feed them parle g if they come to your door, they will go wagging their tails, end of police story ! Keep some papers ready that the matter is in court, before you go pick the child file a custody case and ensure that the notiece will go to the grandparents/ ex-wife little bit late, mean time go pick the kid, let the notice go later after you pick the kid. When the in-laws approach police they will call you, then you show the custody case papers and tell matter is in court. Feed some parle g to police, police dogs will go.

naveen (business) 11 October 2018

Thanks for your suggestions and still looking for more better idea's. I agree with helping hand suggestions and thinking in same way to provoke them to file case on me. Being a natural guardian I have all rights to bring child with me when mother is not taking any care of kid and staying almost 400 kms away. As grand parents are not natural care taker for the child, even if they file kidnap case it cannot carry any importance and questioned easily. As mother not staying with child she cannot file kidnap case. If they try to file any such case I too file posco on her father and brother. If I bring child either she will come for discussion to give divorce or agree to stay together in the interest of child's future. Else they will ruin whole my life and never come forward for settlement of this issue. She is not ready for family life and never want me. Not even ready to give divorce. Not ready discuss issues with elders or family relatives. I think only option left is to bring child to provoke them to file case or come for settlement of issue. How I can safe guard my self from any litigation? Kindly suggest, I am gazetted govt official. Waiting for your suggestions and guidance

naveen (business) 11 October 2018

Sir, for your kind information, till today either not filed any case and even not applied for divorce or rcr. Even if I apply for divorce she will not give divorce and never come back to stay with me. Way best I can Do to come out of it to rebuild my new life with someone else.