nicholas909 (Engineer) 06 January 2014

Custody of child

Hello Friends,

We have applied for the divorce wherein my wife has allowed me the custody of my child 4 years of age on grounds of financial incapability. It is almost 5 months child was happily living with me. I was able to get that perfect equal balance between work and home. There was very much psychological improvement I saw in him like he has become more social, more attentive, and expressive as compared to when we were together with wife. Now when i went to my native place on vacation, I allowed son to meet to my inlaws (mother not living with inlaws), still they repetitively tried to disturb him by distracting him and feeding negative thoughts against me, on refusal to allow him to meet with them again, they have abducted forcefully from me. I made Complained police station for this but was of not use. I shown them the agreement we have mutually done that custody will be with me. They called his mother and then she claimed custody in police station. I stand helpless and son is loosing all his schooling activities and am assured the environment in which he is living will nothing but spoil him in future if he continues. My wife also convienced earlier that my son's good lies with me but when she left my house sombody has tought her that she will get better compensation if child is with her. noone has asked for his well being for last 5-6 months when son was with me. If additional maintenance is asked by court can I request court for the expenditure details and balance or can I spend on my son in terms of materials and not in terms of money. I doubt they inlaws misuse money given for the child.

Secondly, my wife thretened of dire legal consequenses if I go against her will whether right or wrong.

Please advise,

Regards

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5 Replies

(Guest)

1. To flourish the child its a complete duty of both mom and dad. So,it doesn't matter where the child resides but the main concern is about the welfare of his upbringing till 18.

2. If your wife is earning handsomely then she too has to contribute legally and if she is un able to maintain herself then you are whole and sole source of income to maintain your wife as well as your child.

3. Now the prime thing is how much?

1. It all depends on your income?

2. Your expenditures?

3. Your wife's expenditures?

4. Your child's expenditure?

and all will be judged by the court with documentary proofs and evidences in the support of all the above.

So,at that time you will get the chance to verify your doubts reasonably if she files for any maintenance case.

For rules and points for child custody go through the following judgement as link mentioned below:

Rules & points for child custody.....

nicholas909 (Engineer) 07 January 2014

Thanks for your inputs. Since my wife permitted earlier for his custody and now at the time of order denying his custody dont I have right for my child's custody. I can see future of my child with me only. I have handeled alone the situation and it worked out.

Adv. Chandrasekhar (Advocate) 07 January 2014

A few facts you require to note: 1. If your wife's consent to your custody of the child is in writing, you have a better case. 2. The police have no right to decide the question of custody and your in-laws' forceful takeaway of the child amounts to not less than kidnappping. 3. The child's custody can be with the papa or mamma depending upon the interest of the child, but not definitely with Nana and Nani. 4. If your wife due to her employment cannot keep the custody, and you are in a position to keep the custody of the child while eaking out your livelihood decently harmonizing all the responsibilities and protecting the best interests of the child, you are entitled to have a child custody instead of your inlaws. 5. As the child has crossed four and half years' age, you file custody case and also visitation rights (if advised so basing on the threadbare fathom of the facts).

Warm regards,

nicholas909 (Engineer) 07 January 2014

Thanks much Sir Chandrasekhar & team,

Yes she has given in writing in the application for Mutual divorce, signed in front of Magistrate. Decree yet to come. Looking at what happend I suspect she will deny custody at that moment.

There is no relative to take care of child while am in office. Till now my Father was taking care but he is too old to handle it. I can hire domestic help for it. Will that make my case weak.

I agreed for maintenance in the same document till her second marriage, do I have to pay till I prove she married or even if proved having affair is enough.

Please advise... Thanks

Ms.Nirmala P.Rao (CEO) 08 January 2014

Dear Mr.Nicholas,

Unless, you clinchingly prove/establish her adulterous conduct in court in whatever form, the court wouldn't grant you the right to stop payment of maintenance and custody of your child to you. Some vaguely recorded conversation between your wife and her boy friend mayn't nail her with adultery. Also, as per Guardians & Wards Act,which which is a secular law and applies to Christians as well -father is the natural guardian of the child- unless, the father is otherwise found to be unfit by the court. In granting custody and guardianship etc of the child to you, the court should keep in view that "Welfare of the Child is the paramount consideration", and accordingly award/grant custody and guardianship rights to mother or father etc.". If your wife's conduct is cruel, violent towards the child or if she is suffering from some serious mental health problem etc which harms the child in any way- she would be denied custody of your minor son by the court..