• My rights on my 4.5 yr son

Sir,

My wife taken 4.5 yr old son and gone from my house (my Parental house) 7 months back. I have filed RCR and case of interim custody of my son. Court ordered to show my child in the premisses of office court 2 times in a month (2 hrs each). My son was admitted in hospital for 4 days due to fever but not informed. I came to know after the discharge only .My wife joined in coaching class for 1year and now she is a student . Her house is 130 km far from my native place. I need some guidance on the following -

1. How I can get at least weekend custody ? Pls inform along with case reference & IPC number . I can request modification by 2018 March.

2.They are not informing about my son even if he had hospital admission . What are the steps to get my rights?

3. They will admit my boy on any of the school by 2018 April . I will not be informed 
about the school or will not allow me on his school. What I need to do to have my rights on my child ? What type of case I need to file ?

4.what type of petition I need to file since they are not informing even my child admitted on hospital ?

5.I have filled RCR but they got stay from high court because she residing 130 km far from my house . Transfer petition was pending for last 4 months in high court . I don't know why is like this.what I need to do get my rights ?

6.Even if she return , I am sure that , she will trap me ,my mother and brother in any case and return to her house denying my rights on my 4.5 yr boy . What I need to do? Pls give your valuable replay.

Thank you.
Asked 7 years ago in Family Law
Religion: Hindu

11 answers received from multiple lawyers

Lawyers are available now to answer your questions.

11 Answers

1) you should apply to court that you be granted custody of your child during weekends

2)mention that your wife does not inform you even if child admitted in hospital

3)request court to pass orders that child school admission be decided after mutual consultation with you

4)it will take a year or so for transfer petition to be decided

5) even if you get RCR decree you cannot force wife to stay with you

6) you should file application in family court seeking custody of your child

7) welfare of child is paramount consideration

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

1.You will have to file fresh petition seeking interim custody for weekends which is discretionary rights of court.This can be filed under section 151 of cpc read with section 26 of HMA in your RCR suit.

2. You can highlight this point in this new petition.

3.In the new petition you can seek this relief as well.

4.SAME AS ABOVE

5.File gauradan and wards act suit then and seek interim relief

6.Then do not stay with her under one roof and exercise our rights for custody of the child only.

Devajyoti Barman
Advocate, Kolkata
23201 Answers
511 Consultations

1. You say that the court has ordered the production of your child in the court twice a month. This is an interim order passed in RCR proceedings. It wont help you much. You may file a petition for child custody under the Guardians and Wards Act to seek the custody of the child.

2. Unless there is a court order which mandates her to inform you about the admission of your child she is under no obligation to inform you.

3. If the RCR petition has been stayed then all the interim proceedings thereunder are also deemed to be stayed.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

File a petition under section 6 of the Hindu matrimony and guardianship act.

You can try to take the guardianship of your child mentioning some strong grounds which shows that your wife is not in a situation to upbring him successfully.

Under this section6 of Hindu matrimony and guardianship act father is eligible for custody of boy

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Hello,

it is advised that the court always considers the fact that the welfare of the child is of paramount importance and therefor you must immediately apply to the court for granting you interim right of visitation.

Inform to the court that you are not being told the details about the child and as such you are not aware that welfare of the child is being taken care or now and on this pretext only request the court to pass an order to the effect that the admission of the child may not be done without your consent.

Please bear in mind that even if the RCR is decided then also you can not force your wife to stay with you, additionally it might take years for the transfer petition to be decided.

Filing of this RCR will just help you if in case some case is filed by your wife in future.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

1. How I can get at least weekend custody ? Pls inform along with case reference & IPC number . I can request modification by 2018 March.

You can file an application under section 151 cpc in the same IA seeking to modify the orders on interim relief i.e., child visitation or you ca file a child custody case and seek fresh orders on the interim relief for visitation rights.

2.They are not informing about my son even if he had hospital admission . What are the steps to get my rights?

You cannot have any remedy for this in law.

3. They will admit my boy on any of the school by 2018 April . I will not be informed

about the school or will not allow me on his school. What I need to do to have my rights on my child ? What type of case I need to file ?

You can put all these things in the child custody case application to make your case more stronger

4.what type of petition I need to file since they are not informing even my child admitted on hospital ?

you can make it a point to put them as pleading in the child custody cae making a strong case to prove that the child's well being is of paramount importance.

5.I have filled RCR but they got stay from high court because she residing 130 km far from my house . Transfer petition was pending for last 4 months in high court . I don't know why is like this.what I need to do get my rights ?

That is the court procedure.

6.Even if she return , I am sure that , she will trap me ,my mother and brother in any case and return to her house denying my rights on my 4.5 yr boy . What I need to do? Pls give your valuable replay.

That will not stop you from claiming your rights, you have to fight that menace also accordingly.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

Yes you can file on the ground of dissertion and say that RCR transfer has been filed just to delay the things.

No filing a divorce on your partnwill not effect the custody of the child. Dont worry

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

you have to with draw RCR then file for divorce

2)it would not affect your child custody application

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

Without withdrawing the RCR petition first you can file divorce suit

2.No

Devajyoti Barman
Advocate, Kolkata
23201 Answers
511 Consultations

You can't maintain both RCR and Divorce Petitions simultaneously since the relief in both is in contradistinction.

You can puruse just one of them at a time.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

If you have already filed RCR petition, then without withdrawing the same you cannot file a divorce petition.

The child custody case is different to that of the divorce or RCR case, it will not be affected due to the divorce case.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer