Respected Experts, Jai Hind!!!
I have made up my mind to file a petition for the full custody, interim custody along with visitation rights for my sweet and innocent kid, who is 3 years old. I got married on 25/4/12 and since about a year my wife is living seperately in Indore at her paternal home. My son was also with my wife b/w May 16 to Nov 16 in Indore and after that from Dec 16 to Mar 17 my son was with me in Jaipur. Then last month she came to Jaipur all of a sudden and took my son back to Indore forcibly with the help of Mahila Police and GRP.
We had issues right from the outset and I accept that we both had shortcomings as a common cause. But she always wanted me to settle at her own parental / native place i.e. Indore which is something that is quite disturbing. My inlaws and especially my MIL wans me to settle in Indore where my wife is now working without informing me.
Prior to May 16 we were in Jaipur for about a year i.e. from June 15 to May 16. I am working in Jaipur which is my native place. I had also tried settling down in Indore as per my wife's wish but throughout during those 2 years (June 13 to June 15) , my inlaws attitude towards me was full of disrespect and but somehow I endured that pain and suffering just because I loved my wife and wanted a happy married life. But my wife is still under an ill influence of her parents that she has abandoned me and also devoid me of my loving son's love and affection.
My question are as follows:-
1. Would filing petition under section 12 and 25 of GWA appropriate?
2. Can i file above petition (as per point no. 1) at Jaipur or it should be filed at Indore?
3. Please also suggest whether filing RCR will be effective in gettig custody.
4. In case, the answer to point no. 3 is yes, can i file a RCR at Jaipur with ladditional petition of custody/visitation rights under section 26 of HMA at Jaipur only.
Thank you,
Regards,
Father of a loving son
