If the working wife leaves the house of husband with her 2 year child due to unemployment of husband and torture, what the wife should do to ensure custody of the child given to her and husband cannot take the child from her.
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If husband threatens wife that he will go to office of the wife and make allegations that she got employment by wrong means however she got the job on merit, what should the wife do and what remedy she has to save her image and employment.
The wife does not want to give divorce to her husband. Is it advisable.
Since you currently have the child in your physical custody and it is only you who can provide for the necessary finances involved in the upbringing your child, you are better positioned to have the permanent custody of your minr child.
Make a petition for permanent custody under the provisions of the Guardians and Wards Act.
Wife should apply for and seek sole custody of her child
2) welfare of child is paramount consideration
3) court would award custody of child to mother only
1) wife can file complaint of criminal defamation against her husband under section 500 of IPC if he maligns her reputation
If husband is not working and refuses to shoulder his responsibility towards wife and child wife should file for divorce on grounds of mental cruelty
Mam you can file for custody of child in the family court..2) if he makes any such allegations ivy visiting your office, you can register a police complaint against him..3) if you don't want to go for divorce, it is advisable to file for monthly maintenance of your child
1. The wife can file a suit declaring herself to be the custodian of the child .
2.In the same suit she can seek injunction so her husband may not take the child away without her consent.
3. Another option is to stay separate from her husband with the child.
till court awards custody to mother, can father take the child forcefully from mother who is staying with child with her parents.
Seek interim reliefs from court restraining husband from disturbing wife custody of child pending hearing and final disposal custody application
If you get the injunction order as advised by me then he can not .
If your husband tries to insult you in your office, send him a legal notice for defaming you and seek damages. You may also report the matter to Police.
Ar per s. 6 of the Hindu Minority and Guardianship Act, the custody of a minor who has not completed age of 5 years has to be with the mother ordinarily. In case he snatches the custody of your minor child from you, do not worry as you have legal remedies.
The question is even if he takes him forcefully , and afterward if you report to police, he will state that the custody was with him only .. It will be very difficult to get your child back again without filing for custody .. But if we file custody and court allows the custody , and after it if he tires to obtain custody will ne contempt of court order ..
the marriage had taken place in Delhi and at that time inlaws were staying at their house in Rohtak. Now they are staying in Faridabad and the wife is working in Gurgaon, Parents of the wife are staying in Delhi. Can the case be filed in Delhi.
The case is to be filed only at the place where the child is presently staying. Any other issue has no relevance.
The husband had been working in Govt PSU at Hyderabad earlier. However, he left the job and came to Faridabad to stay with his parents and now not trying to do anything neither job nor any business. The wife is working in PSu at Gurgaon. Can wife ask for maintenance for child if the husband is unemployed though he is professionally qualified.
Case can be filed in Gurgaon where you are working as well at the place of your maternal home( Delhi)..
You can ask maintanance for yourself on the grounds that your earnings are not sufficient to meet the necessary expenses .. In addition you can ask for the maintaince of your child.. ( expenses of schooling, tuition , any medical and quality upbringing ) ... Even if he is unemployed now , we can demand maintanance on the grounds of his previous salary, personal Assets, and his qualifications
Case for guardianship and custody of the minor child has to be filed in the District Court having jurisdiction in the place where the said minor has been ordinarily residing.
Yes, even if he's unemployed, you may still seek maintenance for the minor child.
Divorce petition can be filed in Delhi as marriage has been solemnised in Delhi
Wife can seek maintenance from husband for child even if husband is unemployed
2) husband cannot shirk responsibility for maintenance of child even if he is unemployed
If the wife already has the custody of child then she should file a suit for permanent injunction against her husband to stop him from taking the children out of her custody unlawfully.
1.If the wife is able to obtain ad interim injunction against her husband then latter will have to file a petition for child custody to get the custody, which can be resisted fittingly by the mother.
2. In child custody matters the only consideration for the court is the welfare of child whose custody has been sought. The parent who succeeds in proving that he is better placed to secure child's welfare qualifies to get the custody, with visitation rights to the other.
Unless the mother has an ad interim injunction issued in her favour the father can take the child out of her custody.
Since the child is living with the mother she has nothing to do with the child Custody case.
Her husband, if desires to have the custody of his child, he has to file a child Custody case
She can issue him a legal notice and warn him of legal action if he indulges in such illegal activities.
The wife can also lodge a criminal complaint against him with the concerned police for the offences of nuisance and threats.
The wife will be having her own reasons for this and it is her discretion.
She can decide about it.
The mother has to be vigilant and cautious about this situation.
She should not allow him to come near
If need be she may take the help of police.
The case can be filed in Gurgaon or in Delhi also
The wife can very well file a maintenance case for her child.
Let she mention the previous employment alone and not to say that he is not employed or anything to that effect.
She may not be eligible for maintenance for herself.