Rahul shindhiya (service) 23 July 2016

Seeking for child custody without divorse

Hello,

I had been married in 2011 before that one marriage was fixed and it broken to avoid that I had written letter to that girl with sentiment. This things I never told to my wife but she traced that letter in my mailbox.

After my explanation there was no issues. In 2013 my wife her job for IVF pregnancy due to problem was with me. During her pregnancy I had taken care of her but when she went to her mother's home suddenly she start feeling I am care less not looking her and only sake of child pushed her to left job and here the problem starts in our relationship.

After giving birth to child she start dominating me and refused to come my home. She insist to change house from dombivali to Thane where her mother was near by.

I did the same and she came to my home with lots of conditions.But the relation was not smooth because of her igo and firm stand even for small things. After 6 monthes she got a job but I was insisting to first off all take care of baby and then find a job. But she denied that and started going on job. We start keeping our child at day care center but because of her late sitting I couldn't manage all and our child having continuous illness.

With all this frustration and continuous interferring from her mother indirectly. It starts hot exchanges within us.

One day I told her that I am fed with all this you please go out of home.

She taken all her belonging and child and went to her mother's place. Now I request her to come back but now she is not ready.

What I can do to take my child's custody? It may be alternate or whatever but I need my child with me.

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8 Replies

Kumar Doab (FIN) 23 July 2016

Prefer counselling.

Save marriage.

A walk alone (-) 23 July 2016

Try to solve problem with the help of marriage counselor. It appears from your threat that she is a career oriented woman. Instead of keeping child at day center you can also call your parents or her parents to look after baby. You should behave in cool manner try to save marriage for your child. As your child is below five year chances of getting custody is less.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 23 July 2016

FIle a petition under the Guardians and Wards Act seeking permanent custody of the child .

During the pendency of the proceedings,you shall also be provided interim visitation rights to meet your child, based on a pre fixed schedule.that shall be determined either as per the order of the court or the mutual agreement between both the parties.

Judging by the nature of the issue that you described,I feel that the child is more important to you rather than saving the marriage. While it is completely natural to feel that way it is equally essential to weigh the pros and cons of your decision with a cool mind. A child needs both parents to balance a nourishing and caring upbringing.

GOD bless u

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

Rahul shindhiya (service) 23 July 2016

Thanks for your reply. first off all I tried lot at personal level to make her understand separation is not at all solution.But brainwashing from parents and firm stand on their ego results all goes in to vein.

(Guest)

Going legal route won't be solution either. Let them cool off a bit for a couple months, then try to take help from elders/relativrs/well wishers to arrive at a mutually amicable sharing of child. When you don't live together, your fractions will subside. I strongly advise not to fight anymore, verbally or legally. Will make matters worse. Lot of stress on child also. Wives give a lot of fight back to your attempts for child custody or visitations. Don't show desperation for child. Just have a cool meeting where you resolve amicably. Apologize if you have to and give up more than you feel you have to. We get very stubborn and emotional initially due to child attachment and affection, taking strong steps like filing custody cases etc. They'll lead to 90% damage and 10% results. Instigating her will could make your life he'll. She can file false cases, ask maintenance and all that crap. Like I said, cease fire for now, relax, be prepared to compromise a LOT and resolve amicably. Don't listen to friends lawyers who might instigate you to go to court etc. They do it for fun and fees. Good luck. Stay cool.

Kumar Doab (FIN) 24 July 2016

By now you must have understood the difficulties and distractions you can face.

You can benefit from the advise of experts.

Sharma Twinkle Manojkumar (Student) 01 March 2019

Go for solution by mutual consent rather litigating it for long period of time as advised by experts.

Have a Heart Foundation (Sales & Mktng) 02 February 2021

A Survey is being conducted for Reforms in functioning of Family Courts in India.

Separated Parents in Child Custody / Visitation disputes are requested to participate and fill the form in link below.

Our Children Deserve Better

https://docs.google.com/forms/d/e/1FAIpQLSfb-7gq8lVMUed9PQqkMV3gYCb5TC5WgH5wMKV0uaJB-Rc9yQ/viewform