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Helpless Guy (IT)     09 December 2017

Custody of 4.5 yr son

Hi Experts

My filed CAW complaint and matter is in mediation, also she send me notice of crpc 125. She has simple MLC by PCR complaint in Delhi. She is earning 45k and mine salary is 80K. I have a son of 4.5 year, She is demanding maintaince of 75k for herself and 50k for son. I need to understand can I get legal custody of my son if I put custody case ? Also I'm preparing WS for crpc 125 for which I already got summon from court.

Thanks in advance.

 



Learning

 69 Replies


(Guest)

Good reply by Seema ji

Helpless Guy (IT)     10 December 2017

Hi Seema , I 'm ready to take back my wife and son, even in CAW cell my stand is I want to live happily with my wife. But my wife don;t want to reconcile and take the matter to court. If in crpc 125 proceedings I show my honest intention that I want to live with my wife and son and maintain both of them, will it help me ?

Adv Radhika Mehta (Advocate)     11 December 2017

To show your honest intention that you want to save your marriage, file for Restitution of Conjugal Rights.  Merely making oral submissions will not help your case if you have no proof to back up your statements. 

Helpless Guy (IT)     11 December 2017

Originally posted by : Adv Radhika Mehta
To show your honest intention that you want to save your marriage, file for Restitution of Conjugal Rights.  Merely making oral submissions will not help your case if you have no proof to back up your statements. 

Radhika ji  , if my stand in crpc 125 reply is that I want to reconcile and save my marriage , will it is not suffice ? Do I have to initiate separate RCR litigation ? Will it useful ?

Helpless Guy (IT)     14 December 2017

My wife asking divorce in CAW cell since day 1 and my stand is for reconcile, now she puts crpc 125 on me. In mediation she told she want divorce but mediation advocate lady told her clearly you don't want divorce you want her money, if you want divorce you should have pur divorce case not crpc 125. Even CAW mediation cell understand her intention but being women they told me we have to support women only and I should hire a lawyer to defend crpc 125 case. Can somebody suggest me what should I do now ?

Helpless Guy (IT)     28 December 2017

Hi Experts

If in my CRPC 125 case judge put interim maintainace on me for child which is too much and if I want to challenge it in high court, will it crate negative impact on my child custody case ?

I'm think to file child custody case my son is getting 5 year in coming march

 

 

Helpless Guy (IT)     21 January 2018

Hi Experts ,  my wife is not allowing me to meet my 5 year son and also instructed my son school not to entertain me. When I contacted school they told your name is not in admission form of child as father and also you didnt paid any fees nor you come for admission of child so we can't entertain you. When I asked them to give me in writing school denied me and told me to talk to your wife .

Can I send letter to school asking that I want to met Principal for checking progress of my child and on what basis they didn't added father name in admission form of child ?

Helpless Guy (IT)     19 February 2018

In my crpc 125 date judge ask me to pay something to child when I asked judge that my wife is not allowing me to meet 5 yr child. I told I am ready to pay his school fees , in turn judge recorded my statement with my complete salary details, family details, assets I have etc..I deny giving any money to wife

Is this good or bad happened in my crpc case ?

Adv Radhika Mehta (Advocate)     19 February 2018

Whatever may be your grievances against your wife, you have to take responsibility of your child.  Your offering to take care of his education without arguments will show your bonafides. 

However, access and maintenance are not connected.  It was wrong on part of the Judge to link the same.  


(Guest)
Originally posted by : Helpless Guy
In my crpc 125 date judge ask me to pay something to child when I asked judge that my wife is not allowing me to meet 5 yr child. I told I am ready to pay his school fees , in turn judge recorded my statement with my complete salary details, family details, assets I have etc..I deny giving any money to wife

Is this good or bad happened in my crpc case ?


You tell I give 2 lakhs. Full and final. Today I am, tomrw I be there or not dont know. Take it or leave it.  Tell like this to wife. Let her keep child, let her take care of it or give it to you if she cant take care of it.  be stern in your arguments. Court has to listen to dad, you rare original dad or duplicate dad of the child?


(Guest)
Originally posted by : Helpless Guy
In my crpc 125 date judge ask me to pay something to child when I asked judge that my wife is not allowing me to meet 5 yr child. I told I am ready to pay his school fees , in turn judge recorded my statement with my complete salary details, family details, assets I have etc..I deny giving any money to wife

Is this good or bad happened in my crpc case ?


You tell I give 2 lakhs. Full and final. Today I am, tomrw I be there or not dont know. Take it or leave it.  Tell like this to wife. Let her keep child, let her take care of it or give it to you if she cant take care of it.  be stern in your arguments. Court has to listen to dad, you rare original dad or duplicate dad of the child?


(Guest)
Originally posted by : Helpless Guy
In my crpc 125 date judge ask me to pay something to child when I asked judge that my wife is not allowing me to meet 5 yr child. I told I am ready to pay his school fees , in turn judge recorded my statement with my complete salary details, family details, assets I have etc..I deny giving any money to wife

Is this good or bad happened in my crpc case ?


You tell I give 2 lakhs. Full and final. Today I am, tomrw I be there or not dont know. Take it or leave it.  Tell like this to wife. Let her keep child, let her take care of it or give it to you if she cant take care of it.  be stern in your arguments. Court has to listen to dad, you rare original dad or duplicate dad of the child?


(Guest)
Originally posted by : Helpless Guy
In my crpc 125 date judge ask me to pay something to child when I asked judge that my wife is not allowing me to meet 5 yr child. I told I am ready to pay his school fees , in turn judge recorded my statement with my complete salary details, family details, assets I have etc..I deny giving any money to wife

Is this good or bad happened in my crpc case ?


You tell I give 2 lakhs. Full and final. Today I am, tomrw I be there or not dont know. Take it or leave it.  Tell like this to wife. Let her keep child, let her take care of it or give it to you if she cant take care of it.  be stern in your arguments. Court has to listen to dad, you rare original dad or duplicate dad of the child?


(Guest)
Originally posted by : Helpless Guy
In my crpc 125 date judge ask me to pay something to child when I asked judge that my wife is not allowing me to meet 5 yr child. I told I am ready to pay his school fees , in turn judge recorded my statement with my complete salary details, family details, assets I have etc..I deny giving any money to wife

Is this good or bad happened in my crpc case ?


You tell I give 2 lakhs. Full and final. Today I am, tomrw I be there or not dont know. Take it or leave it.  Tell like this to wife. Let her keep child, let her take care of it or give it to you if she cant take care of it.  be stern in your arguments. Court has to listen to dad, you rare original dad or duplicate dad of the child?


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