Yoonuse (a) 22 July 2010

Divorce & Child Custody

Dear Experts,

I have send a legal notice / Advocate Notice to my wife , wife’s father , for cruelty, fraud in marriage & cheating.Compensate Properly and also handover the legal custody of the child to me with in 15 days of the notice otherwise proper criminal & civil legal action will be taken against wife & her father.

But still she or her father didnt reply to the legal notice or contacted the Advocate. They have received the notice & we have received the ACK

What will be there plan , if they are not responding to this legal notice, what action i have to take next...

Please answer in detail,

Thanks in Advance...

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5 Replies

Yoonuse (a) 22 July 2010

Whats the % of getting my child in my custody, if i can give the complete evidence of the Cheating, fraud, mental illness of my wife...

If i impose Criminal, fraud, cheating case to wife, her father, other concerned persons , did she will react back with DV / 498a.. Please reply...

adv. rajeev ( rajoo ) (practicing advocate) 22 July 2010

What is the age of your child. Up to 7 years child will be under the custody of the mother, because she is the proper person to take care of the child. Supreme court also held the same.

You can file a case against your wife seeking child custody under guardian and wardship act.

for your second question: You wife may file a 498A case against you.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 22 July 2010

Dear Author,

Ur query is not clear, u should talk to me at 9871158578 for clarification of facts of ur case.

valentine (Advocate) 24 July 2010

Not replying to notice will be taken cognizance of by the court and it will go against the wife. So far as custody is concerned, you may press the points of fraud, treachery etc. and bring out their bad character and argue how the child can be kept in custody of such fraudsters; it will endanger character and psyche of the child. For more info please contact me on 09427453500.