Can I claim custoday of my son
SRINIVAS KOTAMMRRI
(Querist) 29 September 2010
This query is : Resolved
We are three brothers I am 2nd one & all are married, and living separately. My father and mother are living separately on their own. My wife along with my only son left my company one year back and staying with her parents along with my son at Khammam.All efforts to bring back were failed. Finally in April’10 I served legal notice for which she replied through her council and subsequently I filed a petition for divorce . In the mean time knowing the I filed a petition for divorce she filed a police compliant U/s 498 A & Sec.3 & 4 of DP Act against my self, my parents and on my younger brother. The case is pending in court.
Now my question is:
My wife and her parents are not allowing me to see my son. Can I file a suit for custody of my son. If so where I will have file this suit i.e. at Hyderabad (where my self, wife and my son lived) or at Khammam (where now she is staying along with her parents).
Devajyoti Barman
(Expert) 29 September 2010
Yes you could file a suit for custody of the child under Guardians and Wards Act but only at Khammam. But at the same time you could also pray for interim custody or visitation of the child under section 26 of the Marriage Act whcih you could file whether that suit for divorce s pending.
Basavaraj
(Expert) 30 September 2010
suit for custody is okay i agree
