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sekhar   15 November 2015

Unable to live with my son and wife

I'm not living with my wife and son. I was without a job for 3 years and she couldn't take it any more. She is employed.Along with her family and a psychiatrist who had been counseling her, they ensured that I don't return home, while I was out of town for 4 months attending to my father's cancer treatment. They Gave me a hostile reception when I returned and intimidated me to stay away. It's been 10 months after that and I haven't seen my son since May2015. My wife has communicated to me thru her father that she wants a mutual divorce but has not taken any initiative so far. She doesn't want to fight it in a court as it would get messy. I want to ensure that our son gets uninterrupted love, care and affection of both parents. He is only 2.5 years old. What are my options. Is it OK to deposit rs 5000 in her account every month. Wouldgiving money be an advantage or a disadvantage if ythe matter goes to court. Suppose I file a petition for joint custody of the child, will it help. What's the definition of joint custody in Indian laws. Will the child get equal access to both parents. Im ok if my son stays with my wife for a longer period initially. In that case will I get unconditional access to my son. later will he be allowed to stay with me for equal a period. Will both the parents get equal access to our son in joint custody. I'm not OK with 2 hours visitation rights evry week or alternate weeks. What are my options.


 4 Replies


Better consult local lawyer with all your questions.


Joint custody of kid is like having joint savings bank account.  It will be more messier than single parent custody.


You vanish off and come when you feel like, this does not sound like family, family is staying together, being there for each other, not like what you are doing.

You may instead take MCD< and give custody of kid to mother, and ask for visitation rights, as you dont have the required qualities of a dotting father.  Kid is better off with the mother.

Well, legally if you are asked to pay money to wife and kid you may deposit same in her account.  You can do that voluntarily too and inform the court about it later when maintenance proceedings take place.


As you have already opted out, better stay out.  At least kid will be at peace if not you parents. 

Anish Thakur 7018812737 (advocate)     15 November 2015

Dear Querist , if you both dont want to continue your marriage just go for mutual divorcxe and clear all things in joint sitting at some peaceful place with elders involve from both sides and also the child is just 2 and half year so you wont get custody right for mimimum 7 years untill your son will attain 7 years age.

Kapil Sethi (Director)     15 November 2015

Dear friend please don't work under emotional bonding of meeting or greeting your son. Leave your son with the wife for always. Take mutual divorce and plan to get married again to a lady whom you trust or believe. Meanwhile you must try to get a job and start earning first. Be happy and let her also be happy with the son. God will bless you all.


Are U employed now? If not how are U going to pay 5000 to UR son? If the differences cannot be patched up ammicably better opt for MCD,which will be granted faster than normal divorce.In the MCD application the status of the future of the child can also be mentioned.

If the contents of the query are 100% correct act accordingly.Else if there is a chance of reconcialation better reunite atleast for the sake of the child.Instantly I can ask U to proceed legally against her,but that's not the solution, Hence meet UR wife separately and discuss future course of action.

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