• 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

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6 Answers

1) pay maintenance as per court orders only . If wife is not permitting you to meet son don't pay maintenance till court orders you to do so

2) seek joint custody of child . Court would grant you visitation rights

3) school needs father consent to admit child to school. howrver of mother is separated from husband school dies not insist on father consent

4) wife wants to harass you and to agree to her unreasonable demands

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

1. if your wife has independent source if income then you are bound to provide her maintenance.

2. In the RCR you can file petition for visitation of the child including his interim custody..So file such application asap.

3. yes,nowadays for admission purpose the signature or consent of father is not required if the wife is separated.

4. Pursue you RCR case.There is no adverse outcome out of it.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
510 Consultations

if court passes orrders to pay maintenance to wife you have to comply with court orders . if your wife is working and earning draw attention of court to said fact

2) file application in RCR and seek custody of your child . court would not award you socle custody of child but grant you visitation rights

3) your wife is basically vinictive and wants to harass you even if the child development is affected

4) basically wife is adopting dilatory tactics. if she wants transfer of RCR case she has to file petition in HC if she is staying in another city in the same state

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

1. Income of her father has no relevance here and as I stated earlier if your wife unemployed you will have to pay her 25% of your income. This is the law of the land whether you like it or not.

2. yes,you can apply for visitation of the child and interim custody in the same RCR case only u/s 26 of the HMA. No need to file separate custody suit.

3. No stay can be sought only on the ground of transfer petition to be filed in the alter date.however of the wife indeed files transfer petition then RCR may be stayed if such order is passed.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
510 Consultations

1. You can reject and repudiate her maintenance claim if you are willing to take her back and she refuses to return to the matrimonial fold without any valid reason.

The RCR case is a proof to prove that you are willing to take her back despite her arrogance and abandonment of matrimonial home.

2. For child custody you have to file a case seeking its custody and also an application for visitation rights as an interim releif.

3. The school authorities concerned with the safety of children may object you to meet the child in the school premises without the permission of the mother who has signed as guardian also in the admission form.

4. She wanted to oppose all your legal actions hence she has filed this petition to stay the proceedings of this RCR case.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

1. You can argue this in her maintenance case that you are at no fault hence you are not liable to pay any maintenance to her.

2. You cannot file child custody case in your RCR case and no such amendments will be entertained by court which has no provision in law.

3. Since you have filed the RCR petition, you have proved yor intention before the court that you want to save the marriage and also want to live with her to continue the marital relationship.

You can file a petition to vacate the stay before the same high court and get an order to continue the RCR case expeditiously.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

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