Hello,
As advised telephonically, contact a local lawyer and file a case for custody of the child and thereupon ask for visitation rights as interim relief.
Regards
Child custody
Hello As my wife has shifted near to her parental place. She is working in SBI. My minor daughter 8 month old is with her. My inlaws took my daughter and wife forcefully from our home saying that she will return. Now we came to know that she has been transferred to parental place. About asking whereabout of infant daughter and arrangement they are saying that my wife living separately in a rented room and being looked after a maid during her absence. But upon asking address they not telling where she is. Upon request I asked them to hand over my minor daughter to me if maid is loooking after her but they refused. Also infant daughter birth certificate and vaccination was done at my residence I asked them to hand over my daughter to me so that I can do her forthcoming vaccination but they said they will do at their place. I confronted them saying that infant daughter records are here and birth certificate is not available at present along with vaccination card so without proper record you can't do her vaccination with out my knowledge but they are saying that they will not give infant daughter to me and will do vaccination at their risk. I said I have a car and can come to pick infant daughter for her vaccination but they are giving excuses of 5 yr child custody to be with mother. I strongly think that this is shear neglect of my inlaws and wife and whats your opinion in above circumstances. In above situation can I claim custody of my infant daughter as I think paramount welfare of child is with me since a) I have a joint family having 5 female and sibiling and 5 male member and my own mother, big house, and ready to take care of infant daughter and living in city b) my wife living alone in a rented accommodation doing job in SBI and keeping her infant daughter in custody of maid and my mother in law and father in law living separate and father in law himself in PNB bank and residing in remote area. c) So can you advice me how to proceed further as they are willingly depriving my infant daughter of social economic physical medical and emotion needs.
Asked 6 years ago in Family Law
Religion: Hindu
28 Answers
you can file application before family court and seek custody of your daughter
2) mention that infant child is in custody of maid all day long while wife staying in rented flat away from parents
3) welfare of child is paramount consideration
4) court can award you visitation rights at least
File a habeas corpus writ petition in the High Court against your wife and father in law seeking custody of your minor daughter.
From the recitals in your question, it is apparent that you are better placed to look after the child because her mother is a working female. Moreover, a maid can never look after the child, the way grandfather and grandmother would do. Moreover, because you're living in a city, you can are placed better to look after the medical and educational needs of the child.
My wife living 110 km away from my place even visitation right will be of no use. 8 hour one way to reach there. Since my inlaws are just 3 km from my wife's current residance they should have taken infant daughter with them along with my wife. So this is creating doubt in my mind. I have consulted local lawyer but I need your opinion too before taking final step.
Asked 6 years ago
File a habeas corpus writ petition in the Nainital High Court. This is the most efficacious remedy available to you at the present juncture.
Hello sir , you can file for custody but since the daughter is infant the court is more likely to keep the custody with mother .. However , you can file for RCR , under which court makes a effort to settle disputes between husband and wife , if they have been living Seprately.. I
court will not grant you sole custody of child t most joint custody of child would be granted
mostly joint custody is granted by court and the only way is to file a custody case without delay.
Also. the joint custody will be provided after the case is decided finally till then you can get the visitation rights and if you think that custody of the child should be with you and the court does not grant the same, you can subsequently challenge the order before the HC.
regards
In above situation can I claim custody of my infant daughter as I think paramount welfare of child is with me since
a) I have a joint family having 5 female and sibiling and 5 male member and my own mother, big house, and ready to take care of infant daughter and living in city
if you can prove before court that the child is being taken care by the servant maid and the situation will deteriorate the health and well being if the child, then you have chances of taking your child on custody through court, but t will be a tough time.
b) my wife living alone in a rented accommodation doing job in SBI and keeping her infant daughter in custody of maid and my mother in law and father in law living separate and father in law himself in PNB bank and residing in remote area.
This is the situation advantage to you on which yo can bank upon seeking child custody.
.
c) So can you advice me how to proceed further as they are willingly depriving my infant daughter of social economic physical medical and emotion needs.
Whatever worth it is, you may file a child custody case, leave it to the court to decide after convincing the best before the court.
Hi I have filed child custody case u/s 26 along with RCR in my home town. Recently I came to know that my infant baby is being looked after by maid since my wife is working in sbi and her mother is with elder daughter in Delhi and father is in PNB bank so is this sufficient to prove that my wife has neglected child or Not suited best for infant custody since me and my mother were already asking to hand over daughter to us but inlaws and my wife refused.???
Asked 6 years ago
Merely because wife had hired maid to take care of child during her working hours does not prove wife is negligent toward child
You have to show to the court majorly that the welfare of the child will be if the custody is provided to you.
You an show this by showing that the mother is not giving the motherly love which is necessary at this juncture.
As told earlier you have a good case.
Best of Luck
Yes, this is sufficient to prove the neglect and carelessness of your wife.
Apprise the Court with all these latest facts.
You can cite this as a strong reason that once the biological father is available to take care of the child along with the support of his mother, the child cannot be allowed to be taken care by a servant maid.
You can fight on this ground that the child's welfare is paramount importance.
Hello I had filed RCR and child custody sec 26 all together in family court on 15 oct 2017. Summon was returned saying no one reside at the mentioned address. Now court hearing will not be possible in Dec.can I file haebus corpus writ petition in high court with RCR and child custody pending in family court or I need to withdraw both from family court. Because I filed RTI also in bank asking whereabout of my wife but they refused and if I go to my wife place chances are there she might implicate false case and still I don't know the condition and whereabout of my 9 month old daughter. Please advice me what can be done.
Asked 6 years ago
1) find out your wife address . serve summons at said addres
2) you should not with draw your RCR and child custody case
3) dont file any petition in HC now
4) serve summons at alternative address
5) make application for substituted service ie paper publication
You cannot file HCP before high court.
Since you have already approached court with RCR and other cases, you may have to follow the further procedure of court as mandated in law.
If you know that she is likely to come to her mother's place you can add that also as an address to send notice.
At this juncture do not file a petition before the HC and therefore do not withdraw the cases.
Find out alternative address of your wife and serve the summon at that address, also request the court to allow you for paper publication.
Regards
Yes, you can take your chance and file a habeas corpus petition, but do disclose before the Court that your section 26, HMA application is pending. Also, mention that the notice has not been served till date and hence, no decision has been taken on the said application.
A regards to the notice in the RCR case, take leave from the court for Dasti notice.
Hello on 30 th Nov was my 1st hearing for RCR and section 26 unfortunately judge was not present. My lawyer told me that neither summon letter nor AD Came back from the given address and next hearing will be on 31 Jan 2018 and case has been registered. Mean time he is advising me to file RTI in post office about the delivery status of postal dispatch so that we can have concrete proof. And he is advising me to post summon again to the last known working address of wife i.e. SBI branch at my home, working address of my father in law and expected address of my wife. Since my wife not telling me officially where she is posted and bank refused in RTI to give her details. As far as previous summon was dispatched to the given address it was given by my inlaws when they came to my house to take my wife and my baby and same address was mentioned on the wedding card too and same address I found from the record of my wife previous certificate and I have proof too that my wife and inlaws were present at that address. But the address is of uttarakhand and actually my inlaws were residing in HP but inlaws recently shifted to the Uttaranchal at the address given in wedding card which is their native place too actually. So my query is that a) if summons and AD not returned from the mentioned address is it proper service. b) the address which I gave to the court for previous summon Do I need to proove that it was the correct address as my inlaws later on might say that we are from other sate and we had left the said address. c) since my wife is not tellIng me where she is and bank also and considering above circumstances if wife does not turn up for next hearing can i request court for ex partee ?? d) can I tell my wife that I have filed RCR case against you ??? Or shall I wait e) Can court reject my RCR plea saying that she has right to choose her place of working considering the fact that she was already posted at her husband place and at least 7 branches of SBI are there in my city and she has chosen SBI branch near to her father place and that is also a remote area ?? f) since she has not turned up for Diwali function at my home and also for karwachoth despite of several req it clearly shows that she has withdrawn from my society g) is a working women can be an excuse to not to pass RCR ??? Kindly advice
Asked 6 years ago
1) it is not proper service as AD is not returned
2)you dont need to prove it is correct address
3) you have to apply for substituted service ie paper publication in 2 local newspapers if summons returned un served
4) no need to call wife
5)court would not dismiss your RCR merely because wife posted to another city
6) merely because wife is working women is not ground to dismiss your RCR petition
1. You may have to send the fresh summons to any other address if the summons sent already have been returned for the reason that the addressee not available or left without intimation.
2. If the summons sent to new address also is returned undelivered, then the court may ask you to send fresh summons once again to any other address or you may file a petition to take steps for serving the summons by substituted service of summons by filing a petition under order 5 rule 20 cpc, in that you may seek the permission of the court to serve the summons through newspaper publication.
3. Whether the court will reject or dismiss or allow the RCR petition shall depend on the trial proceedings only and not on the reasons that you have stated here.
4. The RCR is another case in the court, the opposite party has to appear before court to record the objections, if the summons were served properly.
a. If they have not been delivered, the service will not be deemed to be proper. What does the endorsement says as regards to return of post?
b. No, you do not have to prove this before the Court. The court will take the address given by you as proper and correct.
c. yes.
d. You can tell this to her. Does not makes any difference.
e. The Court should not take this view, generally.
f. Yes, you have invoked the most efficacious and applicable remedy of RCR.
g. No. She has to strike a balance, In any case, she is suppose to ce;celebrate the festivals with you.
My lawyer told me that nothing has come to the court neither summon letter nor AD and he was saying that AD may or may not return but if address is wrong or undelivered than summon letter must return none of them has come to the court. Because it's already 1.5 month since summon was send. He is advising me to file RTI in post office to ask why summon AD and summon letter are not returned and to ask the status of delivery to the addressee
Asked 6 years ago
1) court needs AD proof that summons have been served
2) file RTI with post office as advised by your lawyer
1. If the address if wrong, you will have to furnish the correct address to the Court so that a fresh notice may be served to your wife. Notice will not be complete, until the summon goes to the correct notice and doesn't returns back as undelivered.
2. File a RTI as suggested by him.
It will not be deemed as a proper service until and unless the AD is returned. If the service is not being made then make an application for substituted service through publication in newspaper.
The RCR will not be dismissed on the ground that the wife has not provided you with the correct address.
Regards
As advised by your lawyer file a RTI.
Until and unless AD is returned the service of the summon will not be deemed.
Regards
Since the summons have been sent through court, you have to wait till the next of hearing to confirm if the summons were served on them or not.
Just like that you cannot conclude on any such thing since this is involved in the court matter.
You wait for the date of hearing and appear before court to confirm the status and decide about further course of action in this as per provisions of law.
My problem is I send legal notice to my wife on 9 oct 2017 to come back at the address where she left for.till now no AD and registered post came back.after that I filed RCR and summon was sent on 17 oct 2017 to appear in court on 30th nov but neither AD nor summon letter came back. Its seems to be evident they are avoiding summon by illegal mean because if address is wrong or no.one residing at the said address then summon must come back.as.it is to the court. Where these post are disappearing.so.I have send.summon again to three diffrent address a) to the address where my wife was previously employed B) to her present employed address but I am also not sure regarding C) to her father working address But I want to.ask one thing can my mother file a case of perjury against her because my wife had told me that she told bank that her mother in law did domestic torture to her so bank.considered her request for.transfer and this has been put in her service file . But this is not true as my wife started quarrel and it was only a small trivial issue and her father himself took her from our home on pertext of fam function whose witness are my neighbour and some social orgnisation member.so can my mother file a case of defamation and prjury against my wife??? Please tell me if yes than under what section and how ??? Because my wife will not come at any cost for RCR hearing.I am being pressurised by social orgnisation to make a compromise and leave my mother and live with my wife.kindly advice
Asked 6 years ago
Perjury is defined as follow:
Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence. Explanation 1.—A statement is within the meaning of this section, whether it is made verbally or otherwise. Explanation 2.—A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know.
PERJURY is not attracted per se in your case.
If you are not wiling to leave your mother then you will have to leave your wife. Choice is yours, if you want to continue with the matrimonial obligations then go ahead and live with your wife. It is not about the pressure by social organization, it is about your decision.
Regards
Perjury is when false statement is made on oath in judicial proceedings
2) no case of perjury is made against wife
3) you cannot be forced to stay separate from your parents
4) if your wife has maligned your parents reputation then they can file case of criminal defamation under section 500 of IPC against her
No case for perjury or defamation can be filed in the present set of facts.
If your wife is not responding to the Court notice, seek permission to serve her personally, by hand.
Your mother cannot file a perjury or defamation case agaisnt her for such reasons.
The RCR is a waste exercise, you have been misguided by somebody to file this case.
You cannot force her to live with you if she has decided to not live with you anymore, therefore even if you win this RCR case, there wont be any use to you by this.
Leaving your mother alone and joining her is your decision, do not act on any pressure including social pressure, you take your own decision based on the prevailing circumstances.i