child custody


Dear All,

I have posted earlier topics and got very professional answers from experts. Thanks a lot for that.

One more question to ask:

My wife has filed 498a on my family, we got bail. We live in Gujarat and she lives in Delhi. My baby girl is 4 and 10 months old, has been living with my parents since she was 1 year old. My wife and I was abraoad for few years and then she came  to india spent 1 month with baby girl went to abroad again (not where I was but other country). I then came to India before 1 year and has been living with my family and baby girl. My wife doesn't want to live in India and nor wants to live with me even in abroad. She demaned my  babygirl , I refused and she filed 498a, 504, 506 and blah blah on my family..we went to tough time.

At the moment she is India in Delhi and may file 125 or Gaurdian Ship Act..........

Q. Is it possible to run an other case 125 or  Guardian Ship while we are still facing 498a?

The chargesheet has been put up yet, and so 498a hearing is going to take time to start....


Q. Is it possible that court can give us some time on appeal that 498a still need to be sorted as we are not guilty at all. Plus, my baby has been living with my parents since 4 years and studying so Interim custody (if my wife ask for it) should given to us?

 

Thanks in Advance.

Raj

 
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Legal Evangelist - TRIPAKSHA

Q. Is it possible to run an other case 125 or  Guardian Ship while we are still facing 498a?

The chargesheet has been put up yet, and so 498a hearing is going to take time to start....

Yes, it is possible to put these and other cases on you at anytime of her wishes.


Q. Is it possible that court can give us some time on appeal that 498a still need to be sorted as we are not guilty at all. Plus, my baby has been living with my parents since 4 years and studying so Interim custody (if my wife ask for it) should given to us?


Interim custody would be decided on affidavits, if the child is studying the court should generally not interfere with custody, but depends on grounds taken.

 
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Advocate

I answered you earlier and again answer you.  The child needs mother's affection and attention also despite having got abundant father's and paternal grand parents' love.  It is a vital need for wholesome growth of a child.  So, consider to have a talk with the wife to give her temporary custody of child for one month in summer vacation and 15 days each vacation in dusserah and christmas vacation.  If she accepts for this, it is well and good.  On the basis of my knowledge, I predict, if she files permanent custody case, even though she may not get it, but can get temporary custody of child for vacations.  The legal points, I agree with Mr. Kapoor.

 
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Mr Raj,

I can know your situation embeded with love and vein. But, being a girl baby she needs her mother by her side in all her times atleast till she is grown up. you may approach the court  at the stage of trial for the temporarty custody of your child in vacations and more often. your child not only needs you but also her mother who gave birth. obvoisly the court may favour her as she has the right to file a case for the custody of the child.  better go with the counselling session which may be held in courts for this sort of matters. wish everyting should end well.

 
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Dear Both,


Thanks for your reply.

To Mr. Shonee,

I know she can put the cases but Do you think because of the 498a has not even started yet, which is falsely placed on us, court may consider our plea to freeze the case until 498a sorted out?. We are innocent .

To Mr. Chandu,

I remember your advise sir, and I do respect you that you think of my baby's welfare, on the contary my wife doesn't.

She only put the 498a because I didn't give my baby and divorce. She actually didn't have affection to baby. She was married before and left her kid to marry me and join me in abroad. Even after her dark past we all have accepted her and treated her so well. But then she just changed like wind with no reason.

Even after this much, I begged her not to take this steps and to consider the life of our baby but she didn't agree. All she wants is unconditional divorce with sole custody of my Baby. She will then fly to abroad leaving me alone without my baby.

I have compromised so much for the sake our love and baby, but I can't put my babe at stake.

Any word of advice is welcome.

Raj

 
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To Meghala,

I wish my wife could be like mother as you believe. My baby girl is well attached with me and my parents. She will live with my wife only if I live with her.

leaving me and my parents and going to live her mum, will tear apart my baby. She is 5 years old but well matured than her age.

The counciling part :" I begged my wife too much to reconsider because of my baby...but all she wants is living abroad, partying late night, smoking ...etc.....
 

It is her stubbonness not affection to my baby girl for asking custody.

About giving her permanat custody and asking for temporary custody';;;;;;;  I can't think of it, she will fly to abroad next day with my baby and I will stay here all my life....filing this and that petition to court!! 

I wish everything goes smooth and we live as a family so my baby girl gets parents and love but My wife wants to win the battle- I explained her ....it is not winning or lossing .....at last....our baby will loose because either she would have dad OR mum......but the dumb woman doesn't listen.

Pray for me.

Raj

 
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Dear Shonne, Meghala and Chandu,


Can you please check the post and reply?

Raj

 
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Legal Evangelist - TRIPAKSHA

What advise you require? It is replied already. You don't want to give the child, so fight accordingly.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

 
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It seems your wife is not interested in you. You should sort out the problem by  meeting her  and convince here that she should think of welfare of the child and as the case will take more time do not worry if she does not accept your advise. It is better to solve the problem by meeting with elders in both the family. If she want the constudy of child without valid reason and proposed arrangement of education of child let her file a case. both need the child but there is no association of both of you,then let the things on as it is till final decision is taken through court.

Adv.Gosavi.

 
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Dear Mr. Gosavi,


Thanks for your advice. They are not ready to talk. I meant she called me few months ago and asked on the phone~!! I told her this is not a thing we can discuss over the phone. Then out of blue moon one night at 10 pm they arrived at our home (From Delhi!! without telling us!!) and asked for my baby!! I told straight NO. I told her how come she come at late night and ask for baby to be given to her??!! Is my baby vegetable someone can take this way?


Then they went back and came after 2-3 weeks (during that time I called her dad and explained him and he sounded reasonable) they came to local police station and called my family and threatened me to file 498a and etc. if I don't give baby and divorce outside court.

I said," I can only give baby If I have to (as my family has been told by 2 or 3 lawyers that no matter how much you took care of baby but court will only give her to her mother-I don't believe this) and divorce by mutual understanding in court only !! So she filed 498a. I explained her about child welfare but she was so stubbon.


What do you think of chances of winning me the case? Especillay my parents brought her up very well. she has been studying here since 3 years!

Is there any more case she can do on my family (on me...no problem)?


Should I sit quiet till chargeseet filed or should do counter case?


We are all  innocent.

Raj

 
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