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Sunil M   04 July 2021


Dear Respected Sir's.

My self skumar from Karnataka I belongs to hindu family and I am graduate as I got married on 2009 arrange marriage my wife is state govt employee due to her job after marriage she was not able to get transfer to my place hence she was stayed with her parents house for 3 yrs after that I tried like anything and get her mutual transfer within my district. from my house to her work place is 52km from her work to her parents house is 22km later some travel issue and small small things in house she left my house after few months again I convinced her and brought back later in oct 2017 we had a baby boy we lived for 2yrs but my MIL and My FIL regular intervention in my family matter always they support my wife to come back and stay with child in their house as she left my house on Dec 2019 with my son that time my son age was 2.2yrs.... we had given a writing their local our cast committee president to resolve this matter but they never agree to local committee words the issue was run over almost 1 yr and the local committee failed to convince my wife and her family hence they given a letter infavore of us stating that we are failed to convince her and her family..and further u can go ahead for prociding. after she left my home I met her Jan 2020 and tried convenience her a lot to come back but she never responced and later my FIL passed away on Aug 2020 due to health issue as I waited her till Jan 2021 and filed case under section 9 HMA (A) as they also appointed lawyer till now from summons to till date she has not attended the court hearing after case filing also I met her on Mar 2021 tried to convince her but she is not responding I tried to meet my son I ask her to bring with her she never took him with her and I also tried to make vedio calls to her and her family members but no response.

P.s:- as there no case filed against me till now and she don't have any genuine reasons or issue/matters to fight against me.

my question is

1. from sommomns to till date she has not attended the court now almost 5 to 6 hearing gone wat shall I take further action on her she is state government employee any effect on my case regarding alumeny or maintenance of her or child I have property in my name any legal rights of wife and son she can claim
4.can I get joint custody of my child if yes then under which section I can apply
5. present my child age is 3.8yrs can I apply for custody of my child
6.being state government employee she leave my child her home from morning 8.30 to 4pm but my child will not get his mother care and love can I make this as ground of child custody I have applied for visitation rights for my 3.8yrs child after having visitation rights if she regularly denies to see my son also on video call even after having visitation rights in favor of me
8.if I file contempt of court on her on failing visitation rights wat punishment she will get and wat advantage I can get in terms to get my child.
9.can I file case in high court under Habeas corpus against my wife to come back.

request your valuable suggestions looking forward



 6 Replies

Dr J C Vashista (Advocate)     05 July 2021

Too long a story, be brief and specific for consideration and obligation of experts.

It is better to consult and engage a local prudent lawyer for appreciation of facts, professional advise and necessary proceeding.

1 Like

G.L.N. Prasad (Retired employee.)     05 July 2021

The matter is already in court, and the court after hearing the arguments and studying documents has the discretion to pronounce judgment considering all the facts.

1.Your advocate can bring her absence and frequent adjournments to the notice of the Hon'ble Judge.   2. When you are not having any gainful avocation, and the wife is an employee, the court may consider that you need not pay maintenance, but everything depends on facts and arguments, 3.If it is self-acquired property,  she may not be eligible to claim but it is inherited property, you have to give such share to your son  3,4,5,6:7,8   Please consult your advocate and make submissions before the court for consideration.  Members can't foretell the outcome of a judgment.. 9.  She is a Government employee and performing her rights, you can not file HC before HC as you know the whereabouts of her and you can only seek legal notice to her to come back.

There number of forums dedicated exclusively for men' rights and search in google and seek guidance from them, as matrimonial cases both parties had their own versions in a case pending before court, and members can not offer precise guidance without knowing facts.

1 Like

Sunil M   05 July 2021

@Dr J C Vashista dear sir tq for your suggestion but request your help on my case plz share your mail id...

P. Venu (Advocate)     06 July 2021

Why don't you confine to the facts relevant to the issue?

T. Kalaiselvan, Advocate (Advocate)     08 July 2021

1. If she is not appearing before court and the court is also not worried about her absence becasue her advocate is representing her properly, you cannot claim it as a right, you may have to go ahead with your case proceedings as per law.

2. She may not be eligible for maintenance but the child would be entitled to be maintained by both the parents, you may have to give your share towards the child's maintenance.

3. No, neither she nor your child can claim any rights in your property at least not during your lifetime.

4. The custody of the child shall ordinarily be with the mother until the child attains 5 years of age. 

5. Yes, you can.

6. You can

7. You can file a contempt of court case against her if she disobeys the court order.

8. Contempt of court case is a different subject to that of the child custody case.

9. No, it is not maintainable, do not be misguided by any such false information.

1 Like

Sunil M   08 July 2021

@T. Kalaiselvan, Advocate Respected sir tq for your valuable reply... request for your email address..or wats up details

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