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Adil (abc)     02 February 2013

Custody to father

Dear All,

I need an advice on below.

Due to some issues between my wife and me, she left and is living at her parents place. We have a son who is 2 years old. It was decided that we would live separate for 6 months and after that we would decide if we want to live together or not. After two months only I realized that I want to live with my wife and I started calling her but she continued to refuse. By the way we are muslim (If that matters).

Now its been almost one year and till now she is not giving a clear answer whether she will come or not. She is not allowing me to see my son. They are threatning me if you dare to come here we will see you. Now I have filed a case in family court Lucknow asking to send a notice to her to come back. Before she left she used to have fights with me and my mother. I do have her recordings (more than 50 recordings; in which she is shouting on me and my mother).

She is not giving me proper answer whether she will come back or not. She is in Jodhpur and I am in Lucknow.

I need to know if I can get custody of my child. If I get only visiting rights, it would be really difficult for me to go to Jodhpur just to see my son. Is there a way I can get permission to keep my son with my for 3-4 months in an year?

Thank you in advance for your help.


 2 Replies

siranjeet (JE)     02 February 2013

u can go for custody of child u/s 25 GWA  and can file application for interim custody and visiting rights u/s 12 0f  GWA

but  court usually retain children below 5 yr of age with mother  and chances are less but every case is decided on merits of  each case 

you have to prove ur plus points against ur wife if custody is given to u means that welfare of child is with u if custody is given to you

latest judgement where custody is given to father by apex court

shaleen kabra va shiwani kabra SCC 2012 (5) 355

Adil (abc)     02 February 2013

Even if I get visiting rights. Going to jodhpur from Lucknow is very difficult and I would not get leaves from my private job. Is there an application I can give in court along with RCR to have the kid at least for 2-3 months in one year?

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