Struggler (Senior technical associate) 06 April 2014

Child custody

Hi,

My wife and her parents are harassing me and the source they are using is my kid. Their actual plan is to separate me from my old parents.

My wife is staying at my house and she has left my kid at her mothers place with out intimating me.

They have tried all the ways to blackmail me including 498a (Police have not registered a case due to lack of proof as she was not staying at my home at that time). Now she uses DV word in each and every small dispute and threatens me and my family of filing a case under DV.

She always uses very bad words at me and my family members.

Now what I would like to know from the experts like you is.

1) Can I approach legally to get my kid back to my home.

2) Can my mother file a DV case against my wife as it is the law for each and every women.

Thanks,

Struggler

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5 Replies

Kapil Gupta (Advocate) 06 April 2014

Dear bro, you should be patient and collect the evidence that she threatens you. Once you get that, you can make your wife get detained for perjury.

Struggler (Senior technical associate) 06 April 2014

Thank you bro how many proofs I have to collect. I have of couple of them.

Regards,

Struggler
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Mohini (housewife) 07 April 2014

Sir, i want to adopt child from my sister, pls advise me how legal to adopt.,so tomorrow there no any legal action against both. Thanks

DIPAK (Manager) 07 April 2014

Hi,

Due to regular clashes between me and my wife, we are thinking of getting separate. We have 1 and half year daughter and both of us love her most. I don't want to see she being raised without her mother as kids need their mother in their child hood the way they want their father. But due to our issues we are determined to take divorce.

Can I have custody of my daughter and at what age of her? My wife is not earning and even if she starts I will be at least 5 times than what she can in future.

Please guide.

T. Kalaiselvan, Advocate (Advocate) 08 April 2014

@Struggler:

1) Can I approach legally to get my kid back to my home. Yes, by filing child custody petition and the Guardian and Wards Act.

2) Can my mother file a DV case against my wife as it is the law for each and every women. Yes, if there was any violent act done against her by our wife while staying together and the same should be substantiated by strong evidence.

@Mohini: Yes if the rule permits, please visit the Indian Adoption Act for full procedures, eligibility conditions and other formalities. Take the guidance of any knowledgeable advocate for necessary requirements. Please use a different thread for raising a query.

@Dipak: If you all that concerned about your child's welfare and future, you should not think of getting separated from your wife, whatsoever may be the issue. You can have the custody of your daughter only through an order of court on an application filed by you under guardians and wards act. Please consult a lawyer and proceed with the issue as per his advise. Please use a different thread for raising any query.