Child custody
Dev
(Querist) 29 May 2013
This query is : Resolved
Dear Experts,
I am husband and due to irreconcillable differences I and my wife are staying apart from 2 yrs and we haven't taken any legal step yet. She had left my son with me when my son was 4 yrs old (now he is 6+). I am taking care of child with all aspects.
I wanted to know whether I should file child custody. Asking because child is already with me. She is currently staying and working in different city with her parents. I have a fear that she might take my son from his school though nothing has happened in this regard. It's just a fear.
Regards
Dev
ajay sethi
(Expert) 29 May 2013
write to your wife whether she desires to come back and stay with you . if she refuses file for divorce by mutual consent . in consent terms make provision for child custody .
Dev
(Querist) 29 May 2013
Dear Ajay Sir,
Thanks for your reply.
Initially she was shouting divorce. I have been trying for settling this mutually through my elders but they are not ready for any meeting for settling this case mutually. All are efforts are invain. Recently came to know that she doesn't want to give me divorce because she wants to take revenge. Actually she is a verbally abusive lady. Staying with her is out of question. Anyway I am trying my best for mutual settlement but if not will have to proceed thru lawyers.
R.K Nanda
(Expert) 29 May 2013
no need to file child custody case.
ajay sethi
(Expert) 29 May 2013
if your wife does not want to give you divorce it would be a long drawn affair . if your wife is vindictive by nature no sooner than you file for divorce she will file 498A and Dv cases on you . discuss the issue with your family before proceeding legally
Adv Archana Deshmukh
(Expert) 29 May 2013
Do not file anything when you do not need to. The child is already with you so there is no question of asking for his custody. Just let things be as they are. If you and your wife decides for divorce in the future then, the question of custody can be decided at that time.
Dev
(Querist) 29 May 2013
Thank you R. K Nanda Sir and Archana Maam.
I think it is better to leave things as they are.
