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Kiran Kumar (Software)     17 June 2013

Custody of minor child


My wife left home on a trivial issue, and while going she took baby boy along with her four months ago.

a) The boy age is 3year 8 months

b) She is having brain operation, and not very healthy to do job or take care of child

c) She sent legal notice to me with lies like dowry harassment etc,

d) her parents are alos jobless( Recently they sold one house got 10 Lakhs and surviving only on intrest). However in notice they mentioned they donot have any money as of now.


I am currently earning 100K per month, and put him in good school, I am not sure how kid shaped out as she herself is a patient and her father is having heart problem,

Now the question is

a) Is there any possibility I will get child custody under above circumstances?

b) Is it advisable to wait until he attains age 5 as most are suggesting under 5 maintenance is given to monther.

c) can I file now, as well as at age of 5, If I loose custody now


I went to their home had conversations, she is claiming, she is having risk for her life and cannot come back, I Initally thought of filing RCR, However after reading article on Why not to file RCR I dropped the plan

Thank you and appreciate your help





 3 Replies

Adv Archana Deshmukh (Practicing Advocate)     17 June 2013

You may file for custody now and show the court how you are better able to take care of the child. Even if you lose, you can file again when the kid grows up. If you feel that reconciliation can work, you can file an RCR. However, if your wife have made up her mind firmly about seperation only, then do not file.

1 Like

Adv k . mahesh (advocate)     17 June 2013

you can file custody of the child on medical grounds of your wife and she is unable to look her self and also her financial status is very weak

you have to prove the standard of leaving from there end and you can provide better schooling and also better amenities to the child

and also one point you have to mention that she can also come back to you to take care of her as she is unwell 

you will get the custody of your child on extreme cases as your lawyer should project the case very firmly and he should explain the points very elaborately 

1 Like

Kiran Kumar (Software)     17 June 2013

Thank you Very much guys. I am grateful to you both.

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