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manav (Senior Manager)     20 April 2012

Son's custody with out divorce?

Hi,

Is there any way to take my son's custody with out applying for divorce? Because I want to leave options for my wife  in case if she chages her mind in future?

Thanks in Advance

Regards,
Manav



Learning

 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     20 April 2012

File a petition seeking custody of the child under the guardian and ward ship act.
1 Like

manav (Senior Manager)     20 April 2012

Thanks Rajeev.

If I file a petition for custody, as a counter she may put fake DV and Harassment cases.

Will police accept that cases? If they accept, What steps should I take to come out?

Regards,
Manav

threeleafe (awaited)     20 April 2012

False cases  can be always filled- the only thing you can do and you should do is to  1. Block them - the way and means will vary based on your situation.

2.Be ready to counter measures, like DV does not requires you to take bail bt 498a does. So plan.

Hope this helps

1 Like

manav (Senior Manager)     20 April 2012

Thank you threeleafe.

1) If they file DV , Can I show her bank statement as proof (because she is paying  bank loan which is taken before the marriage)? I would have demanded for dowry, how could I allow her to pay their parents loan amount from 2 yrs.

2) I or my parents never used a single bad also word about her. But her father blaming us in all aspects. He may file  498A will all fake reasons.

How can I prove that we have done nothing against her and these all happened only because of igo issues?

Thanks in Advance.

Regards,
Eshwar

manav (Senior Manager)     20 April 2012

One more point is My FIL 's track is not good. He has some illegal business.

Can I come out If I can prove that he is involved in illegal business?

Can I also take my son's custody(He is just 1 year old) by saying that their environment is not safe due to his illegal business?

Thanks in Advance.

Regards,
Manav

cm jain sir (ccc)     20 April 2012

first collect all the strong evidences like u just posted now and then attack. Visit local sif chapter.

Dont bother about false cases becoz if they decided to file it , it will be done more faster then ordering/ delivery of the pizza.

1 Like

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