hello,
she cannot keep the kids away from you as this is illegal custody. file a complaint with the magistrate about the kids and ask for visitation rights in the family courts. try mediation and if she is not willing to come back then divorce her.
Im from Muslim religion and married as per muslim rules. I got disputes with wife, she filed 498A, DVC, MC on me to threat me to give her talaq in 2016. And she filed all cases too far from working place. She is not showing my twin babies since 2017. She is saying after all cases cleared only she will show my kids. Please suggest how can i get my children back and how to close these all cases?
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hello,
she cannot keep the kids away from you as this is illegal custody. file a complaint with the magistrate about the kids and ask for visitation rights in the family courts. try mediation and if she is not willing to come back then divorce her.
You can file petition in family court seek visitation rights for your children
2) court would grant you visitation rights of once a week or 15 days
You can file for the custody of the children. You can get interim order for visitation of your children
File a writ of corpus immediately in the concerned High Court having jurisdiction in the matter.
This writ must be filed at the place where your wife is living along with the kids.
The other option for you is to file a child custody petition, but the writ of mandamus is a more efficacious remedy at this stage.
1. You have to file a petition under Guardians and Wards Act before the Guardianship Judge to seek the custody of your child. In a child custody dispute the only consideration for the court is welfare of child. If you can prove that you are more competent than child's mother to secure the welfare of child then you become eligible to get the custody of child.
2. The least that court will give you is visitation rights.
3. The cases filed by her on you have to be contested on merits.