LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

naveen (business)     16 January 2017

Custody of child

Respected experts, My ex wife has moved from matrimonial house with her parents 2.6 years back without my permission and its 2nd time. I sent her in presence of local police station, since than she did not return, and we did not meet. She has given birth to baby girl 2years back still I have not seen the child but they performed all rituals without my concent, I have life threat from her family and relatives. She not willing to come or divorce. She is m sc graduate working in private institute and earning more than 25k. Already I have sent notice but got wired allegations which she cannot prove. As her family is uncultured I fear the baby too will grow in such worst culture. As both the parents have equal rights on baby and I have my own plan of up bringing child. Now wat I am thinking is to forcibly bring the child with me. I know that they will file a kidnap case. But I think as father is also a natural guardian and have all rights to have child with me, they cannot file the case. Even if they file wat will b the consequences. Immediately child will handed over to mother? Or she has to fight the custody of child case in court? After bringing child I ready to fight the custody case if necessary but cannot do same being child with mother. Bcoz child won't know who the father, wats the love and care of father. I am a govt employee, living single no parents. Even I am thinking to get married without creating any documents. Already i am 37 had only 4 months marrief life. Please guide me out of law box wat best I can do. Legal procedures r too lengthy all my life ends in fighting it.


Learning

 5 Replies

whatnot   16 January 2017

You are trying slavage  some returns from this relationship.

 

It is not going to help you.

Having not been with child since birth (circumstances beyond your control) it is too late to do anything.

You should have added visitation in your RCR (if you tried) .

Now the time to take divorce and claim visitation rights.

She has literally blinded you and you couldn't defend yourself from physical injury.

How will you protect the child?...

 

It is all good tear jerker when it is shown in flims/serials.

 

Taking away infant child will have its consequences...which you will not be able to face (you need safe houses, keep moving , need a good defense lawyer..money..and political clout..).

 

Swallow pride.. Or think it as a hard lesson learned..Live a life after a divorce.

Kumar Doab (FIN)     16 January 2017

From your name it is guessed that you are Hindu.

You can't marry during subsitence of 1st marriage.

Try for MCD.


(Guest)
Originally posted by : naveen
Respected experts,
My ex wife has moved from matrimonial house with her parents 2.6 years back without my permission and its 2nd time. I sent her in presence of local police station, since than she did not return, and we did not meet. She has given birth to baby girl 2years back still I have not seen the child but they performed all rituals without my concent, I have life threat from her family and relatives. She not willing to come or divorce. She is m sc graduate working in private institute and earning more than 25k. Already I have sent notice but got wired allegations which she cannot prove. As her family is uncultured I fear the baby too will grow in such worst culture. As both the parents have equal rights on baby and I have my own plan of up bringing child. Now wat I am thinking is to forcibly bring the child with me. I know that they will file a kidnap case. But I think as father is also a natural guardian and have all rights to have child with me, they cannot file the case. Even if they file wat will b the consequences. Immediately child will handed over to mother? Or she has to fight the custody of child case in court? After bringing child I ready to fight the custody case if necessary but cannot do same being child with mother. Bcoz child won't know who the father, wats the love and care of father. I am a govt employee, living single no parents. Even I am thinking to get married without creating any documents. Already i am 37 had only 4 months marrief life. Please guide me out of law box wat best I can do. Legal procedures r too lengthy all my life ends in fighting it.

You are already 37 and now have plans to do some more masti without getting caught?  You are unable to get out of this mess till now, and you are ready to get into some more mess by marrying without any documents and stuff and roam to court until you die?

You have major disadvantage of being govt employee, your tongue is caught in forceps of govt, anyone can file maintenance case on you or diciplinary case on you and you easiliy go jail or lose job.  or even after losing job still go to jail for bigamy.

You can think of doing such masti in your 20s, take divorce, find new partner etc, not at the age of 40.  if you want to take divorce at 25, you will have 3-4 years to play around, by 30 you can still remarry. Here you are near 40, if you play your tounge cut.

so beware, just go adjust with wife, all models are like this, at 37 you get 20 year old girl?  think, they much faster than wife no. 1.  What problems your first wife created, lastest will create triple trouble than that.

 

And how dare you, you ask to provide illegal solution of legal platform?

 

Go adjust with wife, you already have daughter take LIC policy on her name. Happy Married life.

naveen (business)     17 January 2017

Dear helping hand, I appreciate ur suggestions, and thanks for taking pain to reply. But I can't agree with ur opinions, u don't know how it pinched and where, only suffers know the real pain once hurted, humiliated and criticised. when the women not ready to lead family life and even won't wish to divorce than how long one has to run from court to court? Its never ending process and in legal battle all the energy, zeal of living, age and money get wasted with no results. Indian legal system is too slow and some cases run for decade's. I think its better to marry and then fight the case till last breath, let her prove her allegation in courts. Wat u say experts?

naveen (business)     17 January 2017

Dear helping hand, I appreciate ur suggestions, and thanks for taking pain to reply. But I can't agree with ur opinions, u don't know how it pinched and where, only suffers know the real pain once hurted, humiliated and criticised. when the women not ready to lead family life and even won't wish to divorce than how long one has to run from court to court? Its never ending process and in legal battle all the energy, zeal of living, age and money get wasted with no results. Indian legal system is too slow and some cases run for decade's. I think its better to marry and then fight the case till last breath, let her prove her allegation in courts. Wat u say experts?

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query