• Regarding matrimonial dispute

My wife is living seprte wth her parents and my 9mnth old child is wth her.bt i fear his life maybe in danger there.wt shall i do to safeguard my child life and safeguard myslf from false allegations incase oof any mishappening to the child ..I feel my wife is under depression or schizophrenic.can I ask court for her checkup?wt can I do in this case to knw abt her mental state
Asked 2 years ago in Family Law from Amritsar, Punjab
Religion: Sikh
1) convince your wife to seek a psychiatrist . her medical report would reveal her mental condition . 

2) you  have as father visitation rights to your child . 

3) if your wife refuses to permit you to visit your child you can move court and seek visitation rights in this regard . 

4) you can also inform her parents that you want to save your marriage . convince them to have her medical check up done . they will agree if they are interested in your reconciliation with your wife .
Ajay Sethi
Advocate, Mumbai
27413 Answers
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1) schizophernia is curable . there is no stigma attached with said illness 

2) you can bring your wife back to her matrimonial home and visit psychiaitrist with her for her medical treatment 

3) court cannot force your wife to undergo medical check yup
Ajay Sethi
Advocate, Mumbai
27413 Answers
1490 Consultations
5.0 on 5.0
1. On what basis do you feel that your child's life is in danger? How was your child taken away by your wife or in-laws? Have you filed a case in any court yet to get the custody of your child?

2. You cannot force your wife to come and stay with you in the matrimonial house.

3. As the father of your child you have the right to have the custody of your child if he has unlawfully been taken away from you. Alternatively, the least that will be given to you is access to your child through visitation rights.
Ashish Davessar
Advocate, Jaipur
19628 Answers
507 Consultations
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Dear Querist
If you want to live with her then file a rcr petition before family court under section 9 of Hindu Marriage Act. 
If you want only the child then file a child custody case before family court where the child is ordinary residing under guardian and wards act. 
Contact a lawyer personally or over the phone.
Nadeem Qureshi
Advocate, New Delhi
3814 Answers
151 Consultations
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1. First of all lodge a police complaint alleging that your wife, being a schizophrenic patient, is likely to kill your infant son,

2. File an application before the Court for child custody on the same ground.
Krishna Kishore Ganguly
Advocate, Kolkata
13604 Answers
292 Consultations
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1. Court cannot direct your wife to undergo medical check up.

2. You have the right to apply for child custody.
Ashish Davessar
Advocate, Jaipur
19628 Answers
507 Consultations
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you should collect all evidence regarding her illness. you can challenge the custody of child on this ground, however mother is the natural guardian of child up to the age of five years. but if it appears to the court that mother's custody can cause harm to the child then it may be transferred to the father but it is difficult task. it is presumed by the court that even a sick mother can fulfill the natural demand of child like breast feeding and keep the child away from his mother at this stage is cruelty against the child, because child can't claim his right so court is deemed to  be a guardian of the child and take every step in the favour of child.
conditions will be same if you initiate divorce proceeding.
Shivendra Pratap Singh
Advocate, Lucknow
3161 Answers
47 Consultations
4.9 on 5.0

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