• Applied for divorce and need to take child custody

Hi Sir/ Madam.

I Manjunathan M working in private company. me and my wife is living separately for 11 montsh we have 2 childrens one is girl baby age 2 years and another is boy baby 5 months old. Already i filed divorce case in court but my is not attaining for summons already 5 summons went to her in that 5 summons she attained only once. Please advice how i can get divorce in case. 

And almost i have not met my girl child from 11 months and the baby is also not coming to me if i can she the child. and my wife is not giving me childrens to me so how can i get the child custody.

Thanks 
Manjunathan M
9731985476
Asked 3 years ago in Family Law from Bangalore, Karnataka
Religion: Hindu
generally custody is given to mother . you may get visitation rights . welfare of child is paramount consideration . . if your wife is not attending court in spite of issue of summons nor has she engaged a lawyer you can get divorce   ex parte
Ajay Sethi
Advocate, Mumbai
23392 Answers
1229 Consultations
5.0 on 5.0
your wife wont permit you access to child without court orders . if you want to keep your child for 2 weeks or so you need court orders to that effect . you can talk to your wife to convert existing divorce case to divorce by mutual consent
Ajay Sethi
Advocate, Mumbai
23392 Answers
1229 Consultations
5.0 on 5.0
u have to handle the issue very sensitively, without court order it will be problem for visiting ur children
Anil Kumar
Advocate, Bangalore
35 Answers
6 Consultations
3.5 on 5.0
it takes time . court will ask your wife to file her reply to your application for custody of children . then place your application for arguments . it may take around 6 months . . if exparte decree is passed your wife can file appeal against said order .
Ajay Sethi
Advocate, Mumbai
23392 Answers
1229 Consultations
5.0 on 5.0
you can request court to grant you visiting rights as you havent seen your children for nearly one year . court will consider your request and pass appropriate orders . chances of getting 2 weeks custody are remote as your children are too young and need their mother . try to reconcile with your wife in counselling
Ajay Sethi
Advocate, Mumbai
23392 Answers
1229 Consultations
5.0 on 5.0
if you took child while your case is pending without court orders your wife will lodge police complaint against you . it may affect your case adversely as far as custody/visitation rights are concerned
Ajay Sethi
Advocate, Mumbai
23392 Answers
1229 Consultations
5.0 on 5.0
i have already advised you apply for child custody in family court . dont take any extreme step of kidnapping your child . you must have engaged a lawyer . he will guide you
Ajay Sethi
Advocate, Mumbai
23392 Answers
1229 Consultations
5.0 on 5.0
You can file a police complaint to the nearest police station in case she is torturing you. Do not be tempted to bring your child without a court order. Such an act will disqualify you from claiming the visitation or custody of your child ever in future. If your wife is not appearing in the court then the court will sooner or later decide the case against her by closing her right to defence. In order to get the child custody you need to file a separate case for custody. The court may indeed allow you to keep the child with you on weekends.
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0
you should maintain your cool . dont loose your temper . dont be provoked by your wife and her relatives . file case for custody of your child . engage a local lawyer . court will consider your request .
Ajay Sethi
Advocate, Mumbai
23392 Answers
1229 Consultations
5.0 on 5.0
she can file complaint under dowry prohibition act if any dowry was demanded before during or after marriage . i hope you have obtained receipt for all the jewelry taken by your wife
Ajay Sethi
Advocate, Mumbai
23392 Answers
1229 Consultations
5.0 on 5.0
Dowry harassment case can be filed notwithstanding the fact that you have already applied for divorce.
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0
You will get sufficient opportunity to prove the falsity of her allegations. Your defence will be chalked out by your lawyer after perusing the allegations leveled by her. Apply for anticipatory bail as soon as the case is lodged lest you are arrested and put behind bars.
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0
yes you can.
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0
next time wife tires to commit suicide you can lodge police complaint  that she has tried to commit suicide . it is an offence punishable under section 309 of IPC . it is advisable to consult a psychiatrist as your wife needs treatment of her suicidal tendencies
Ajay Sethi
Advocate, Mumbai
23392 Answers
1229 Consultations
5.0 on 5.0

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