(Guest)

Legal custody of my son

Dear Sir,

Kindly bear me with my English and feelings

My wife and his family filed a false 498-A case on me and my family in October 2017. My son was born in this wedlock in January 2017. My wife left her son when he was 3 months old with me and my family. Since then I and my son and my parents are staying together up to March 2022.

My wife has accepted that she did not take our son in her custody son and denied the same in front of the police and family commitee and also in front of the judge of the 498-A case in Feb 2019.

So after 2 years in February 2020, my wife filed a custody case of our son for pressurising us.

I have a transferable job so I got a non-hindi state in the month of July-2021. The online classes were going so my son was with me along with my parents during the covid period.

After some time, I realise that my son is struggling in his studies so I arranged tuition for my son but he could understand the subjects due to the local language and different accents of the teachers He was feeling alone in with another student as they always talk in their native language and in the playground they never talk to Hindi speaking guys. maybe they do not know Hindi at all at such a young age

So now I have sent my parents and my son to my home state for the betterment of his future and his studies.

I am really confused about this situation and worried about the future of my son and my parents

(1) Will the shifting of my child from my present place to our home state with my parents hamper my position in custody and give an advantage to my wife?

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3 Replies

anubhav Bhatt 24 April 2022

Dear Client better if you contact us then I'll elaborate properly about your case.
Advocate Anurag Bhatt
Allahabad High Court
Mobile 📱 9198889990

Shashi Dhara 24 April 2022

The court will decide it ,if she pressure oppose it and argue she is irresponsible woman harrassing with bad intention.

Shweta 25 April 2022

Dear Querist,

In the case of custody of a minor child the priority lies for the benefit of child. Here the act done by you is in good faith and for the benefit of the child. If your parents have the capability to provide the necessary care that your child deserves, he can stay in your parents’ home. But if your wife can prove that she is financially stable and can take better care of the child while providing the same benefits the priority will fall upon your wife. Also, the child being under 5 years old the Hindu Adoption and Maintenance Act will favour the wife for getting the custody of the child. Thereby your current position gives your wife an advantage to gain custody of the child.

Thank You.