• Want divorce from my wife and custody of my boy

I got married in nov 2010, have a 5 year old son, my inlaws interfare in our daily routine horriably which my wife dont u-stand or donot want to, my inlaws want me to leave my family and get seperate n want me to keep relation to my inlaw side only, they has 2 son of 20 and 36 years respectively but both are good for nothing and donot want to work hence my inlaws want a source of regular income for those so they indirectly want me to do this so i spend my salary on them rather than on my old parents and kid, by there fairy tails they have gripped my wife and she only obey them whatever they say, in case i donot obey they threat to impose the dowry case on me and want to use my son as there lottery ticket, and want to snatch all my belongings on behalf of my kids, no matter if i loose my everything but i want to have my kids custody as i know that my inlaws will make my boy to be worthless and carrier less kid as they made there own kids, and once the money is finish my wife and my kid both will b on road, i am capable enough to make the good carrier of the kid and want to protect my kid from all this, he is small baby, please suggest me how i can save his life n carrier. plz help
Asked 7 years ago in Family Law
Religion: Hindu

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5 Answers

1) refuse to accede to in laws demands

2) wife forcing husband to stay separate from his parents amount to mental cruelty and is ground for divorce

3) since your child is young you may not be awarded sole child custody

4) seek joint custody of child

5) court would award you visitation rights

Ajay Sethi
Advocate, Mumbai
95220 Answers
7612 Consultations

5.0 on 5.0

1. Your case has not gone out of control as yet. So take precious little measures to save your life now.

2.Try to keep your wife as far as possible from daily contact of her parents.

3.If possible go away where influence of her parents would be less.

4. Restrict the movement of your wife to her parental home to bare minimum.This would help you to be away from their daily interference.

5.If all of the options as mentioned above are not complied with then put a brave front. The more you get scared the more they will intimidate.

6. If they file dowry harassment case then there is nothing to worry as once you get bail which is very easy nothing remains in the case.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

Do you presently have the custody of your kid? If the answer is in negative then you are free to file a petition for child custody in the guardian court under Guardians and Wards Act. In a child custody dispute the courts ordinarily lean in favour of mother, but if you can prove that you are better placed than the mother and also to secure the welfare of child then you qualify to get the custody. The paramount consideration in a petition for child custody is the welfare of child.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Dear Concerned,

There are multiple option which can be suggested and which you may choose if you want to go legal with your wife and save yourself from false and fabricated case.

It is suggested any step you take today need to be planned in a manner that you can have custody of your child. We would suggest you to please connect with us for a free consulting on you subject.

Best of Luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

You should instruct your wife to not to spend on her brothers or parents, instead to spend something on the kids and save them for future.

You should sever all the connections with your in laws so that they do not interfere in your married life.

You should advise your wife to not to listen to their words or ill advice which shall not be good for a happy married life and if she is not listening the would like to proceed, then you can take precautions for obtaining AB and for protecting your interests.

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

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