Hi , I m from Bangalore in an IT MNC.i got married on Feb 2017.No dowry involved in marriage and my parents took all expenses of marriage.Once my wife got pregnant, my in laws was not allowed me to see my parents saying you should be with her always.its been 4 hours journey only to go my hometown.one day I went to meet my parents n returned on same day .They stopped talking to me and refused to prepare food for me as well.and filed a case in women's police station that me n my parents are asking money.In women's police station they arranged for counseling that became a failure due to my wife's rude behaviour.Even lady police telling me that you can't live with this family. After my dad took some steps to resolve issue by talking with their relatives.Then I was with her in my in laws home,spent money for delivery n everything.once my son born they refused to allow my parents to see my son.i was angry and came out of the house.now they are not allowing me to see my son.its been 3 months I didn't see my son. Advice me on this .if I file visitation case how much time it will get to grant permission to meet my son. Can I file a case against in police station for not allowing to see my son. My father in law threatening me that I will put dowry case on all your family members. My mom is going to retire in Jan 2018.will this affect my moms final settlement. Bcoz I don't want my parents to lose money bcoz of this issue .They are already lost more than 20 lakhs bcoz of this marriage My gold worth of 2 lakhs is with her family.how can I get it back. No one in my in law family is working and my wife also not working.No bank balance .They have only one house and getting rent amount 25000.in that they are living.definitely they can't take care of my son properly.
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Dear Client,
At this age, child needs care of mother on priority and visitation rights cannot be denied at this stage, i think every day.
Complain is permissible against in laws, they have no right to hold to meet your son.
Record threat of dowry, same will be good evidence in case false complain filed.
NO effect on retirement.
If gold given to wife, than no right situation to demand gold at this moment.
On this ground, file for custody of child along with restitution of wife.
hello,
file a complaint with the police of criminal intimidation and threatening to lodge false cases. file a complaint before the magistrate against your wife and in-laws. then if you want your wife back, file an RCR application and if she refuses to come back then file a mutual consent divorce petition. visitation rights would be granted to you by the court, there is no reason why they will not. after a recent judgment of the SC, it is not easy to arrest or intimidate you. therefore do not worry.
regards
Gold given st time of marriage constitutes her stridhan
2) you would not get gold back
3) you can file petition in family court for visitation rights for son . It would take more than a year to obtain visitation rights
4) court can grant you once a week visitation rights
5) in event wife files false dowry harassment case apply for Anticipatory bail from sessions court
Hello sir , you can get visitation rights from court , however custody of the infant is likely to stay with mother...Any false allegations by your in laws will not work out as Supreme Court have passed a ruling as per which no FIR can be registerd without prior counselling and proper investigaton.
1. No specific time can be provided as it depends from case to case and from Court to Court. However it is advisable to file for custody and access at the earliest. But before filing cases, collect proof of your wife's refusal to let you avail access, be it through recording calls, messages, emails etc.
2. In my opinion, no.
3. Nothing per se can be done to prevent him from filing a false case. However, the onus will be on them to substantiate their claims so be rest assured that nothing fruitful will come out of the same as you have mentioned that no dowry was taken by you and your family. You can, however, asap file a Divorce Petition so that any Dowry case filed by them will be nothing more than a counter attack.
4. I think you mean 2019. That is too vague a probability to be commented or ascertained at this stage.
5. Your parents' should not lose more money.
6. Unless you are able to establish that the same was not gifted to her, there is very little possibility of you getting it back.
7. I would not advise you to harp much on that point as you only otherwise will be saddled with more maintenance.
File a writ of habeas corpus, instead of a GW&C at this stage.
In a writ petition, it is probable that you might get immediate relief and the court may direct the concerned authorities to produce your son before the court
There's also a chance that the court may ask you and your wife to resolve your differences through mediation which will be court supervised.
1. You have to file a petition for child custody in the Guardianship Court to seek custody. The courts generally do not uproot a tender aged child from his mother unless the conduct of mother is unbecoming of a mother or she is proved as incompetent to secure the welfare of child.
2. The least that you will get is visitation rights.
3. The petition for child custody will take time to be decided by the court but the interim custody application can be decided within a month from her appearance.
4. Since your wife's financial position is not sound you may get the custody.
You can file a child custody case in the civil court and in that same petition you can file an application for visitation rights to visit your child as an interim relief till the disposal of the main petition.
You cannot approach police for this beaus this subject is not under their purview.
