Infant child custody
Ronit
(Querist) 08 November 2017
This query is : Resolved
Hello
This is wrt infant child custody who is female 8 months old now. My wife is in SBI working as clerk having salary 25000 and my self in merchant navy having salary 2.5 lakh per month. My wife was working in SBI just 3 km from my place. Now she has taken transfer near to parental place which is 150 km approx and without informing me. I have applied for RCR and awaiting for hearing. Mean time I wanted to apply for infant cuhild custody u/s 26 but some lawyer suggested me that up to 5 yr mother is natural guardian and custodian so its of no use but still I want to apply on some facts
A) my wife is working in SBI and her father working in PNB and her mother is living with her elder daughter at metropolitan city. So most probably maid must be looking after my daughter. So I confronted my inlaws if maid is looking after my infant baby then you give my daughter back as we were looking after her previously but they told me I must leave my permanent residance to look after my daughter if I so care.
B) I have my own permanent residance and my mother with me and after birth of my daughter we were taking care of her nicely.
In this scenario should I file child custody u/s 26 ???? Considering above situation who is Best suited for child custody ??? If I file for child custody then is it necessary for her to appear in court or she can skip saying that she is working and can't come with infant baby ???
Ronit
(Querist) 08 November 2017
And my wife has taken transfer at her request to parental place so RCR will be effective or not ???? Reason of her transfer is that she can't adjust with mother in law
Rajendra K Goyal
(Expert) 08 November 2017
Generally the custody of infant child is given to mother. You can ask for visitation rights.
You have filed RCR which is a toothless exercise.
Amicable solution is best solution.
After filing of RCR from you, she can file DV and other cases against you.
Ronit
(Querist) 08 November 2017
Visitation right will be of no use since she has taken transfer to a place which is almost 8 to 10 hr from.my residance.and a typically remote area.
If she intend to file false DV after receiving RCR summon then what proactive measures I can take. I have photographs and videos where she is happily enjoying with us at regular interval and witnesses also ( my neighbours) who are in favour of us against baseless allegation of DV.
Guest
(Expert) 08 November 2017
Good joke, seemingly an infant child is rendering advice for the custody of infant child!
Isaac Gabriel
(Expert) 08 November 2017
If at all DV is sought for, child custody will bear no fruit. The marital relationship is at loggerhead bec'se of RCR, better seek the interference of family elders before things go from bad to worse.
Nadeem Qureshi
(Expert) 09 November 2017
Dear Ronit
There is no use of section 26 because section 26 of Hindu marriage act can not be applicable until any petition is pending before the court under Hindu marriage Act, either for RCR, Judicial Separation, or Divorce.
If you want to child custody then you have to file a child custody petition Under Guardian & Wards act but you have to file the case in the court where the child is reside ordinary.
It will be better to try to settled the matter amicably.
But if you want to file the RCR or divorce then you can file the child custody application U/s 26 of Hindu marriage Act-1955 before the family court where both of you(you & Your wife) were reside lastly together.
Feel Free to call
Nadeem Qureshi Adv.
9899686394, 9953809956
Ronit
(Querist) 09 November 2017
Sir I have already filed RCR and waiting for hearing date and response from my wife. Matter is simple my wife was working in SBI bank at my residential place. She left home with her parents saying that she is going to attend family function and tool minor daughter also. But after few days we came to know through her branch manager that she has taken transfer to her parental place using political approach which I have recorded. Now she is making baseless allegation like torture etc etc as a reason for transfer. So for this reason I filed RCR because it is will full desertion and giving nonsense excuses a reason for transfer
Ronit
(Querist) 09 November 2017
Sir I have already filed RCR and waiting for hearing date and response from my wife. Matter is simple my wife was working in SBI bank at my residential place. She left home with her parents saying that she is going to attend family function and tool minor daughter also. But after few days we came to know through her branch manager that she has taken transfer to her parental place using political approach which I have recorded. Now she is making baseless allegation like torture etc etc as a reason for transfer. So for this reason I filed RCR because it is will full desertion and giving nonsense excuses a reason for transfer
P. Venu
(Expert) 09 November 2017
Custody of the infant child could be denied to the mother only in exceptional cases. Your postings do not reveal material substantiate an exceptional cause.
Rajendra K Goyal
(Expert) 09 November 2017
You said:
Visitation right will be of no use since she has taken transfer to a place which is almost 8 to 10 hr from. my residance. and a typically remote area.
Reply:
You may file case for custody. Custody may be doubtful, court may provide visitation. You may or may avail the opportunity.
Rajendra K Goyal
(Expert) 09 November 2017
You said:
If she intend to file false DV after receiving RCR summon then what proactive measures I can take.
Reply:
Engage good advocate and defend the charges on merits, You may have to go for anticipatory bail favoring all against whom case is registered.
Rajendra K Goyal
(Expert) 09 November 2017
You said:
I have photographs and videos where she is happily enjoying with us at regular interval and witnesses also ( my neighbours) who are in favour of us against baseless allegation of DV.
Reply:
You may use the same during proceedings with the advice from your lawyer.
Rajendra K Goyal
(Expert) 09 November 2017
You said:
But after few days we came to know through her branch manager that she has taken transfer to her parental place using political approach which I have recorded.
Ans:
As per service conditions in SBI, political approach is not considered. Manager has misguided you and you can not gain any benefit of your recording.
Ronit
(Querist) 09 November 2017
Sir I want to apply for.child custody on the fact that my infant baby will be neglected as my wife working in SBI and on transferable job and maid looking after her in a rented accomodation she will be neglected where as I have my mother and permanent residance so physical econimical social and 24 hr care can be well taken care off . I.want to appeal on humanetarian ground.since my infant daughter was already getting all.these at my residance since birth.
Ronit
(Querist) 09 November 2017
No manger have not misguided me. Because my wife joined SBI branch in may 2015 and after marriage in april 2016 she applied.for.transfer in may 2016 to my residential place on spouse policy ie she should be transferred to husband place.after that in august 2016 she was transferred to my native place.after that she went for.maternity leave from dec 2016 to june 2017. And in sept 2017 she applied for.transfer to.her parental place without informing me and with in 4 days she was.transferred. her branch manager himself was saying that it is true that approach came.from central.govt to.relieve your wife immediately and more over my wife father was saying that he has some.poltical.approach and with in a minute my wife can be transferred to parental.place.
Ronit
(Querist) 09 November 2017
Since my wife has applied.for.transfer to parental.place it itself is a mental.torture though I want to give a chance using RCR but I want to know her intentions. On whats app messages she has given suicide threat, she want to.live with me.separately but saying I always torture her,some time she says she loves my mother in law.but at the same.time she says her mother in law is a fake lady.after taking transfer she is blaming me saying I dont care for.wife and.baby but she has no answer why she took transfer.so as per law she.is blowing hot and.cold at the same time.
