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Child custody

(Querist) 22 September 2017 This query is : Resolved 
My wife is a govt employee and we had a family dispute. She left along with our 7 month old daughter and currently at unifentified location with her parents. We are calling her but no response from her side though she is active on social sites. Her parents Called us saying that neither she wants to stay with my mother nor she want to give divorce to me and want to live separately.They are willing to give my 7 month old daughter back and saying that we can take care of her as my wife have lactation problem .my query is that how can I safeguard my self legally so that in future she doesn't make any false allegation on us regarding 498 and child custody.
Rajendra K Goyal (Expert) 22 September 2017
No definite formula to save yourself if she prefer to file case against you or your family. If she proceed, you have to defend yourself and family on merit.

Try to save marriage, try for amicable solution.

Legal step once taken may destroy possibility to save marriage.

Effort through elders / society effective people / family friends / your lawyer to arrive at the amicable solution.
Rahul (Querist) 22 September 2017
Issue is after I take over custody of my 7 month old daughter and she start live separately which is the only amicable solution seems to be left as my wife herself does not want to stay with us. If in future matter goes to court then how to proceed
Rajendra K Goyal (Expert) 22 September 2017
If amicable solution possible, get all the terms drafted through lawyer and get signed from both parties.
Vijay Raj Mahajan (Expert) 22 September 2017
Amicable solution can be reduced into the form of MOU between both parties where each and every issue including making false charges against the husband and other relatives, complete physical custody of minor child with husband and visitation rights to wife, no demand of maintenance for wife anytime in future, no demand for share in the property of husband or his relatives by wife and living separately by mutual consent and no charges for desertion by either side on the other party will be made anytime in future.
Such terms and conditions duly signed and witnessed by both sides can be good piece of documentation in resolving this dispute for the time being.
Ms.Usha Kapoor (Expert) 23 September 2017
I agree with Vijay Raju Mahajan., Nothing more to say.
P. Venu (Expert) 23 September 2017
You can file an action for restitution of conjugal rights. If the wife is willing, you may take care of the child. That itself may make a seachange in the situation.

As to 498A, the provision has lost much of its teeth..
Dr J C Vashista (Expert) 24 September 2017
@ Rahul,
What is your problem, you have been asking such queries/ setting such questions as observed:
1. Present question:
"Child custody "
a day ago

2. Rahul asked a query in Experts
"Minor child custody"
7 days ago

3. Rahul asked a query in Experts
"Harassment from wife and her parents "
8 days ago

4. Rahul replied to a query in Experts
"Harassment from wife and her family members"
8 days ago

5. Rahul replied to a query in Experts
"Harassment from wife and her family members"
8 days ago

6. Rahul replied to a query in Experts
"Harassment from wife and her family members"
10 days ago

7. Rahul asked a query in Experts
"Harassment from wife and her family members"
11 days ago

8. Rahul asked a query in Experts
"Ancestral property "
3 months ago
Join "some" law college/institute/coaching centre. Otherwise it would be better to consult a local prudent professional lawyer to teach/guide your questions.
Guest (Expert) 24 September 2017
Tit bits on your part, as pointed out by Dr. J.C. Vashista may not help you. Better sit with some expert on such matters, discuss in detail the basis of such problem and act judiciously. If not acted judiciously, you can't imagine the quantum of loss of your money, career and image in the society.
Guest (Expert) 24 September 2017
Sometimes, some problems subside automatically by passage of time. So, avoid calling or attending any call from the other side for about 6 months and see the result of wait and watch policy. When found totally ignored by you or get socially questioned about husband-wife relations, your wife and her parents may be expected to come to some reasonable terms with you.

Ms.Usha Kapoor (Expert) 25 June 2018
I agree with Vijay Raj Mahajan


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