Kindly read and reply to my 4 questions given below - thanks all
Many thanks for this site and for reading my essayed incidents ..
This would be helpful for many people like me ..
I'm new to laws and family laws too as I'm in IT.
I'm from Kerala and married 7 years before under Hindu marriage Act.
Separation incident:
My wife abandon my kid and me last Feb where I was working which was in a different state and forcefully took kid(6 aged) with power from me after 10 days.She is under the influence of father,brother, relative advocate and the law privileges to woman.Also this abandon was after paying the next academic year first quarter payment also when I was recovering from a dental surgery just 4th day after wisdom tooth extraction.
I was mentally annoyed very much,I didn't respond for 2 months.By the time she stays with her father and brother in her native and in next academic year comes she placed son in a nearby school without asking my consent.
She even influences the kid how to talk about me.Now after 1 year she filed a maintains case in her native house's jurisdiction asking for huge Maintains not affordable and also I filed a RCR (restitution of conjugal rights) in my jurisdiction area in the next district.The two cases appearance was 2 weeks difference in the 2 courts which the RCR as the second which she stayed as she applied for transfer petition in her native jurisdiction .Her maintains case's first appearance over and court asked for counseling and due to not bringing the child counselor postponed the second counseling after 2 weeks.I believe she will bring the child second time.
I could not see son last 15 months.
1)
Her jurisdiction area is where the marriage was taken place.She filed a maintains case already there and I filed a RCR case in my district court which was stayed by her(she is far 40 kms from court).Should I pay the maintains the fees to child and her if she along with child not coming to my work place.Currently I quit the job as Im mentally tortured by the deeds and words of the wife and her parents.I have the proofs(sms's)for abandon me and child also dental surgery happened just 3 days back.
2)
Kindly suggest me can I get the child custody permanent/interim at least through case or without case as she filed a maintains case?
3)
Did the school(private mgt)can admit my son only with the consent of mother only and this was just 2 months after the abandon/separation.For the sake of getting the maintains they say I abandon her.And the school admin say they will not allow to visit school without court order.
Are the school authorities doing correct? Without father's consent they allowed to admit.
4)
Why she wanted to stay my RCR case?because she only wanted it to be stayed for long as its a ground for divorce ?
I'm here as I'm doubtful about my advocate suggestions also.May be my advocate in the right direction and I may expect the unexpected outcomes or vice versa
Kindly reply and many thanks for this site and for reading my essayed incidents ..
Asked 7 years ago in Family Law
Religion: Hindu
Thank you for replies ..
Kindy I have a few more clarifications ..
1)Sir, I have the proofs that she abandon me and kid initially for fist 10 days.She has violent or mentally troubled nature on situations she wont act maturely hence abandon me and son in my work place.After 4 days she wanted to see my son.But i didnt respond.During this time she send sms "pardon me for all what happened and please show me son".After that message and 10 days after the abandon I allowed to show him in my native place's house.
But she reacted quickly after and forcefully took off my son to his maternal.
Im ready to pay expenses for my child and in this case why should I pay to wife as she is having father's pension and income from Rubber trees.Please advice.
Her mentally trobled nature was indirectly aggredd by her father and some of her relatives after the marriage and they are silent now about this.
2)My advocate told file a case for G and W , he didnt even mention it can attch in the existing RCR.I already filed RCR,Can I modify existing RCR with child custody sub-petition in that?
The child is mostly unattended in the maternal house and there is a nearby road without fence.she has only father(mother died) but he is not well last 1 month to take care while she goes out (for coaching classes in the nearby town in search of employment).
But she is not considering the situtaion and demanding me asking huge maintains(which was 90 percent of my early monthly salary).I quit the job last 3 months and is searching for job in my native state.So i dont have salary too.
She is not bringing child during the court hearing or counselling.
Am I eligible for permananet custody? if not is it guaranteed weekends and first or second session of hoildays?
Eventhough im not currently employed I have descent savings to take care well my child and no liabilities.But her brother is having huge libilities and along with the relative advocate they insist her to continue maintains case againest me.Her arrogance and immaturity too fuel this,she didnt consider child happiness, abundant love by father and from paternal house.
3)
4)Yes she wants to harass me on all occasions.
Apart from that why she/her advicate wanted to stay RCR case telling transfer petion will be filed later because it was not marriage place's jurisdiction.Can I believe that? what is their intention as per the situation?
are there any chances of delaying the RCR case by the wife so that eventually it will delay the divorce grounds and so the petion?
Fianlly , My intention is take care well my child and wife if they come to my current work place unconditionally.If wife is not ready I have to insist her to come denying her demands in the maintans case and also persue RCR.if that didnt work I dont want to provide maintains for wife,but I have to take care son well with good education.If nothing work ,to file divorce when I have grounds.
Kindly advice Im in right direction for points 1,2,4.Thanks
Asked 7 years ago