I am a salaried employee with monthly income of 57000.My wife is of very aggressive nature and continuously abusing and beating me very rudly since my child birth.She even denied me sleep at night due to which I did not slept continuously for many days.This made me restless during office work.All household work and all work related to son was done by me .I beared all cruelties of my wife and never complained to police because it was not possible to take care of my child during office hours hence I beared all types of physical and mental cruelties and never ran away since 6 years of my son.I am transferred to Lucknow in Dec 2015 and start living in a house owned by me.My wife thrown me out of my house in May 2016 ,then I start living in my younger brother house 1 km away from my house.,but I provided all financial and external support to my wife and son regularly and daily but my wife not allowed me to meet my son regularly.During this 11 months my wife misguided my son by telling false facts about me and filled negativity in him against me.This also made my son aggressive and continuously deterioting my son behaviour.I am very worried about this.In may 2017, My wife shifted away silently along with my son after taking car,jewellery ,Ac.,fridge and other necessary household items and start residing in her mother house at Allahabad without my consent filed 2 case of domestic violence and Maintenance using totally false allegation.She also issued T.C of my son in April 2017 silently without my consent.Since Lucknow is far from Allahabad and she is living in her mother hiusr hence I am totally out of touch of my child.She even not allowed me to talk with my son on mobile.I am totally hopeless and worried about my son future and increasing negativity in his nature.He is now 7 yr old.I want to take immediate custody of my son so that I can shape his future and save him from dirty politics of my wife.What I should legally do,so that its not too late and I can convince my child what is good and what is bad and can take better care of him in my physical custody.
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what are tips to win my son physical custody immediately in my case
1. Well, since you first started staying separately this would go agaisnt you in the child custody case.
2.Do note that in child custody case the welfare of the child alone is of paramount consideration.Your money,status is of little consequences.
3.So to prove the case in your favour you will have to emphatically establish that the future of the child is at stake at your in laws house.
4.however in the custody suit you will get visitations rights soon for sure.
1) you have to file application in family court in Lucknow and seek custody of your minor son
2) wlefar of child is paramount consideration
3) even if court does not grant you custody you would be awarded visitation rights
4) contact a local lawyer
you would not get immediate custody
if you file application court would grant your wife time to file her reply
3) place case for arguments then pass orders
Hello,
You can file an application for custody of your child in the family court, the same will be filled in Allahabad since the ward is presently residing there also alternatively you can file a petition for habeas corpus in thr high court directly.
Regards
You can file a child custody case under guardian and wards act seeking custody of child and also can file an application in the same case for visitation rights as an interim relief.
You can make the pleadings with the incidences that taken place chronoligically and convince the court that the situation at his place of residence is unhelathy especially when concerned with his future well being
what are tips to win my son physical custody immediately in my case
You may list out the events that took place so far in your life after marriage and also can add the circumstances under which the child's health and future is at state especially with given cruel nature of her mother.
Your pleadings should be convincing.