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Pranav   18 December 2016

When i can get custody of my 1.5 yr son

I was married in 2014 and blessed with a baby boy in 2015, after the birth of my son my wife and inlaws has become more rude and dominating. In Jan 2015 my inlaws came with police and my wifewas at my home and she took my son along with all the stree dhan and her luggage to her parent home in another state. After 2 month of leaving my house she has sent a notice of section-125 on me and case is going on in court. She doesnot want to show my son to me and my family. In the month of April-15, I had filed section-9 in the court at my place and she has not attended the court not even once. Me and my wife are both equally qualified.  I also came to know that few cases of forgery/cheating case are filed on my inlaws by their neghbours. Now I am worried about my son as what kind of upbringing will he get from my inlaws in this scenario.

Please guide what should I do to get the custody of my son and also as she is not coming to court to face section-9 so can it be used to deny the maintenace charges.



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 3 Replies


(Guest)
Originally posted by : Pranav
I was married in 2014 and blessed with a baby boy in 2015, after the birth of my son my wife and inlaws has become more rude and dominating. In Jan 2015 my inlaws came with police and my wifewas at my home and she took my son along with all the stree dhan and her luggage to her parent home in another state. After 2 month of leaving my house she has sent a notice of section-125 on me and case is going on in court. She doesnot want to show my son to me and my family. In the month of April-15, I had filed section-9 in the court at my place and she has not attended the court not even once. Me and my wife are both equally qualified.  I also came to know that few cases of forgery/cheating case are filed on my inlaws by their neghbours. Now I am worried about my son as what kind of upbringing will he get from my inlaws in this scenario.

Please guide what should I do to get the custody of my son and also as she is not coming to court to face section-9 so can it be used to deny the maintenace charges.

When kid becomes 5, you can claim its custody via filing petition in court. By that time kid will be close more to her than you.. And wont come to you.  Actually no use filing custody case, kid will stay with mom. You take divorce by going for mutual consent divorce and remarry, produce one more kid, that is easier than getting custody of present kid.

Ms.Usha Kapoor (CEO)     19 December 2016

Till the child completes the age  of 5 years age it will be under mother's custody. AFTER COMPLETIONOF 5 YEARS FATHER, HIS NATURAL GUARDIANSHIP ANS CUSTODY COMES INTO PICTURE. NOW YOU ASK FOR VISITATION RIHTS.FILE RCR..Court will grant custody of the child to father if he is better off then mother in financial, love and affection etc.Childs welfare is the paramount   consideration to the court. iF SHE REFUSES TOI JOIN YOU IT AMOUNTS TO LEAVING YOUR SOCIETY WITHOUT A REASONABLE CAUSE. THIS WILL REDUCE   THE MAINTAINENCE. iF SHE IS HIGHLY QUALIFIED AND SITTING IDLE    AT HOME  ETC ALSO  HER INTERIM MAINTENANCE CAN BE DNIED. SEARCH IN GOOGLE MAINTAINANCE UNDER 125 Cr.P.C."MALE RIHTS  YOU WILL GET SEVERL MALE RIGHTJUDGMENTS.iF YOU APPRECAITE THIS ANSWER PLEASE GIVE ME ALL MY PROFILE LIKES.

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whatnot   19 December 2016

Physical custody and legal custody are 2 different things.

Until 5 years you can't contest physical custody of child unless you can prove beyond resaonable doubt that mother is harming the child.

 

But legal custody is different. You can cliam part of legall decision (moving child, innoculations, schooling, tour ). Usually this goes as joint legall custody.

Having said that, you hardly had any interaction with the child albiet beacuse of she moved out.

So that child itself has no inkling of father . In that situation leave the fate in the hand of its mother. Let her do whatever she wishes and let this be problem that incoming husband faces.

 

Hopefully save some money in the child name and send a leter if you can share the expenses.

Don't use child as a bargaining chip to teach a lesson to your ex wife.

Ship has sailed

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