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Possession of child

(Querist) 26 June 2010 This query is : Resolved 
I am married since last one and half year. My inlaws stay in Pune and me and my husband stay in Mumbai. I am into business since last three and half years and stabilized in it. My husband was also working in Mumbai at airport. I was sent to my parent’s place,who also stay in Mumbai for the maternity period in November 2009. In February 2010, I delivered a baby boy and then my inlaws themselves decided that we both should leave our existing work and stay in Pune with them. My husband without taking my consent left his job and shifted to Pune permanently. He doesn’t even have a job in Pune now and now trying very hard to get a job related to international airport in Pune which is difficult.

I informed my husband that I am not willing to close down the business in Mumbai which after my three years of strruggle has now stabilized. Initially my inlaws were forcing me to leave my career and stay at home and now they asking me to again start a business in Pune(which I am not willing to and will be very difficult for me). Also my father in law told me that he will take legal actions for getting my son.

I had approached to marriage counseling but my husband and inlaws started lying and made some other story and blamed me and my mother for various reasons. The conuselling authorities advised me to go to the family court. Now there is no contact between me and my husband and inlaws. And now I have decided that I don’t want to go to them at all.

I don’t want to go to the family court as my husband and inlaws lie a lot. What will happen if I don’t approach the family court?

Please advice me
niranjan (Expert) 26 June 2010
If the son is with you and you are earning and taking care of your child,do not worry the court will allow custody of child to remain with you. Let them initiate the action.
Sukhija (Expert) 26 June 2010
IF U R COMFORTABLE LIVING ALONE WITH UR SON AND DONT NEED DIVORCE AT PRESENT, NOT TO WORRY . DONT FILE ANY CASE. IT WILL BE EASY TO DEFEND AND CUSTODY OF UR CHILD WILL BE CONTESTED AT PROPER TIME.
Rasik Dagli (Expert) 26 June 2010
I agree with Niranjan and Sukhija.

Rasik Dagli
Advocate.
Guest (Expert) 27 June 2010
If you want any relief, then only you have to approach the court. Right now, you do not want any relief, there is no need for you to go to court at the first instance.
Tajobsindia (Expert) 09 September 2011
@ Author

The title of your post is tricky so far it could interpret possession of your husband who is son in the eyes of your In Laws and or it could also mean to ask us possession of your son as per presented brief !

Nevertheless two sound advises have been given and I agree with Niranjan and Sukhija.

Shruti H (Querist) 09 September 2011
thanks all of you for your valuable reply. The above state is still continued. Infact my husband Iindirectly my father in law) is now threatening me by sending his relatives and some legal letters and trying to create some fake proofs through the letters. Now my husband has got a job in Pune and I am really worried what's next.
Please guide me. Will he file a case against me for not staying with him


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