Infant child custody
Ronit
(Querist) 01 November 2017
This query is : Resolved
Hi
My wife working is working in bank as clerk and having service period of two year only. We have our infant daughter 9 month old was born at my permanent resident where my wife, me and my mother were living. My wife took transfer to my native place just 1 year back on spouse policy of bank. On 10 Sep 2017 heated argument occur between her and me and we hurled abuse on each other. She immediately called her parent and they took her along with infant daughter and said she will return in few days. After few days I contacted my father in law he told me not to contact her as she is depressed. After that my wife stopped replying though I was asking her where She is but all in vain. Then after few days on 6 oct 2017 her uncle Called me saying you just tortured her and threatened me of police and court. After that I send a leagal notice to her return back but no reply. After getting suspicious i asked her branch manger why she is not coming to bank he told me that she got transferred to her parental place due to political pressure. Then I asked my wife she did not gave me satisfactory answe. I send RCR notice to her and waiting for her response. I asked her to hand over infant daughter if she is staying alone and give her present address so that I can come to meet her but she is not telling her present address too. So can this be a case of fraud against my in laws and wife as they took infant daughter from my place and she took transfer to her parental place??? Considering the fact that she is clerk in bank and is not eligible for transfer before 5 yr and how she got transferred against spouse policy and this happend just with in 1 month after leaving on 10 Sep 2017. Can I claim custody of my minor daughter as She is working and most probably maid must Be looking after her ????is this mental cruelty or not, leaving matrimonial place and shifting to parental place considering the fact that husband has permanent residance and only son in his family????
Vijay Raj Mahajan
(Expert) 01 November 2017
I understand your agony, however your right for custody of minor child as well the visitation right for the child exists but in order to do so under the Guardians & Wards Act,1890 you will have to file petition in the Family Court where your minor child at present is residing, which is the district of your in laws where your wife works and live after deserting you.
The matrimonial home can be in your district but in order to get jurisdiction of the district court you have to file petition under this Act of 1890 only there.
However, you can even file in your district where you both last resided together at your matrimonial home for Restitution of Conjugal Rights u/s 9 of the Hindu Marriage Act,1955 if you both were married according to Hindu form of marriage and seek custody or visitation of the minor child u/s 26 of HMA, during the pendency of the main petition of RCR .
Ronit
(Querist) 01 November 2017
Yes we were.married as per HMA.but my RCR petition might be rejected as she might say that she is.transferred or she cant come as.she is working or sick
Ronit
(Querist) 01 November 2017
Yes we were.married as per HMA.but my RCR petition might be rejected as she might say that she is.transferred or she cant come as.she is working or sick
Ronit
(Querist) 01 November 2017
Yes we were.married as per HMA.but my RCR petition might be rejected as she might say that she is.transferred or she cant come as.she is working or sick
Rajendra K Goyal
(Expert) 02 November 2017
Agree with the advice from expert Vijay Raj Mahajan.
Kumar Doab
(Expert) 02 November 2017
You have sent the said RCR notice.
You are asking whether her acts constitute cruelty/mental cruelty.
What exactly is your intent?
Generically speaking; the acts and evidence of acts may point to cruelty/mental cruelty.
Kumar Doab
(Expert) 02 November 2017
Her transfer as exception to said rules is matter between employee-employer.
You are not aware said exception was created on what grounds/written representation by employee? Her employer, bosses can inform you in confidence.
Did she narrate exceptional reason for transfer?
If yes; what are these?
How do you presume that she is alone at her parental city, where her parents are available?
Is she submitting rent receipts?
1st of all decide what exactly do you want?
Kumar Doab
(Expert) 02 November 2017
Hope you shall take it positively; each of spouse should have tolerable temperament and must avoid abuses.
The situation can complicate and land up in lengthy and protracted litigation.
Apparently you are intending to keep future option open; If RCR fails.
Spend quality time with all records, inputs with a very able LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record.
Future goal of Divorce (if it is), child custody (welfare of child is of paramount interest) depends upon how you convince the court!
Ronit
(Querist) 03 November 2017
My wife told me that she is living alon e but not telling her address.I filed RTI in bank where she is transferred but no reply.my wife informed me that she took transfer due to domestic torture by inlaws. So I confronted her what kind of domestic torture was done and why your bank did not made any inquiry she had no answer.her branch manger informed.me.that central govt approach came to relieve her immidiately.so considering the fact that her service is of two year only and she had taken transfer already on spouse policy why bank allowed.her transfer and without any inquiry and why central.govt approach came?
Guest
(Expert) 03 November 2017
First you should not blame her Employer the Bank.
Guest
(Expert) 03 November 2017
If you are so particular about her address file a Missing Complaint with concerned Police and they would do the needful
Ronit
(Querist) 03 November 2017
I am not blaming bank, I am blaming is what intentions of my wife.
A) deliberate transfer to her parental place
B) what's the use of getting married if wife not willing to stay with husband without any strong and justifiable reason.
C) She left home infront of our family member saying she will return soon
But suddenly in 1 month she has been transferred and interestingly she took ornament( stree dhan given by us)while leaving to her parental place and now blaming domestic torture.
Guest
(Expert) 03 November 2017
Better seek the help of Family Elders Respected by Both the Families to discuss and sort it out
Ronit
(Querist) 04 November 2017
Hello
If I file child custody of minor child who is 8 month old now at my residential place u/s 26, can my wife file child custody from her working place which is 110 Km away,at present infant child is with her, she is working in sbi bank and I am unaware who is looking after my infant daughter. if I apply child custody she must come to my place ????? Or she can deny that she is working ???
