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Mani123456 (Engineer)     08 February 2010

What should I do post 498a


 I talked to my wife who filed  498a around 4 month back. She does not want to take any responsiblity even of filing FIR. She tells me the following.

1. Her mother brought police in my house just to make me scared and to take my son with them.

2. Since I asked police for his id card which he never showed and suggested to go to all women police station, she tells me, "you went to police station and she followed(well this is false)."

3. Since in the evening in Police station  I was not ready to take her back ,she filed FIR.

Now She expects me to go to her , by bending on my knees igonoring present FIR etc, for sake of my son. She took him forcefully with help of Police.

  She does not have any guilt and any feelings for me. But I am still very painful to see my son in very bad condition and court is taking lot of time even to get the visitance right. What should I do to save my son as she is not taking care of him properly as she is very thin now.

She is staying in some slum, I stay in good aprtment.My son goes to day care after his school  as she works in school. My parents used to take care of him when he was with me.


Family counseler is not ready to give me in writing for my son.

What should I do now?









 3 Replies

Jatin Duggal (Advocate-Uttranchal)     08 February 2010

As far as your son's custody is concerned file a case under Guardian and wards act but prior to filing the case collect all the necessary evidences like your social, financial credentials and that too of your wife to be on a higher side as in the custody matters welfare of the chils is what matters.

Jatin Duggal (Advocate-Uttranchal)     08 February 2010

you can discuss the matter with elaborately you can call me at 9759131313 i will be willing to support you.

VIPIN SHARMA, ADVOCATE, JAIPUR, Mob. 09610000043 (Advocate)     08 February 2010

Regrding custody of child the paramount consideration is welfare of child. So you may file petition in the court for custody of child proving that the welfare of child will be putting him in your custody. Court can also permit you for visiting with your son pending petition.

Vipin Sharma, Advocate

337, Akron ka Rasta, Kishanpole Bazar, Jaipur-302001

Mob. 09610000043


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