Wife away with my son
sunil
(Querist) 26 February 2015
This query is : Resolved
Hello sir
I have been married for 4 years, and during these 4 years, I have not troubled her one bit and infact have tolerated almost all the misdeeds of my wife.She has been mentally torturing my mother for long now and recently she had the audacity to fight and use abusive language to my mother in my presence.I gave a real mouthing to her.She has now left my home along with my son for 2 months now.In the mean time my parents have tried a lot to convince her and her family to come back for the sake of my son.Still she and her family are not relenting.My brothers engagement is on 8th march and she is telling that she will not allow my son to come for that even if my father goes there and her parents are also talking the same language.And during this period they have even tried to defame me and my brother among all the relatives and have tried their best to break the marriage of my brother as well.Not to mention the social embarrassment her family creates by bad mouthing me and my family in the society.For past 2 months, I am trying to talk to my kid and she would not let me talk to the child. I and my parents miss my child like anything causing great distress - both emotionally and physically. And I know for sure that my child misses me as well.We want our sons presence for my brother engagement
Is their any law under which I can demand the custody of my child as they are threatening that they will not send my son .For now, I am not interested in filing either a divorce petition as i know she will not agree to it.All I want is legal right to have my son for important family function.I work in bangalore and my wife has left for arrah a small town near patna.I would also like to mention here that the education of my son is alse being affected because of her stubborness as he has been missing his school for 2 months now in bangalore
Please advise what can I do in such a situation. Any pointers/guidance will be helpful.
Thank you for your time and help.
Nadeem Qureshi
(Expert) 26 February 2015
Dear Querist
immediately file a civil suit for child custody under Guardian & wards act read with Hindu Minority & Guardianship Act with an interim application for pass an ex-party interim order for the Important occasion in your family before family Court at Bangalore.
Feel Free to Call
ajay sethi
(Expert) 26 February 2015
file an application for custody of child . court will grant you visitation rights
R.K Nanda
(Expert) 26 February 2015
file child custody petition in court.
sunil
(Querist) 26 February 2015
Hi sir
whats the procedure to file a civil suit for child custody for important family occasion and where i have to file it.i am currently in bangalore.I was married in ranchi and my wife is in patna.Can i file it in bangalore and how much time will it take
Rajendra K Goyal
(Expert) 26 February 2015
Court orders may not come in such a short period.
Try to settle the matter amicably.
sunil
(Querist) 15 April 2015
Hi with reference to the above query as feared by me my wife and her family didnt allow my son to attend the engagement ceremony of my brother.Infact they crossed all the limits and snatched my son from my hand.We tried a lot to convince her and her family but they behaved like goons threatening us.With regards to civil suit for child custody under Guardian & wards how can i start this as I want my son to attend the marriage of my brother in november.I hope that court will give the order by then if i initiate it now.Also whats ur view on me getting child custody as he wil be 5 years old in november and his education is also being impacted.My wife is a house wife and she has no source of income.Also she has left for small village in bihar with my son.Hope that court will consider that child will have better future and education with me in bangalore.I am still waiting for my wife to relent till june.She is not willing to give me divorce too.please advice
