• Required protection and safety of spouse and 5 month baby from in-laws

I have got Married in 05.07.2017 and we have a baby boy born on 15.05.2018 by operation. My marriage was suddenly (pushed by inlaws stating astrology) in ten days by both the families agreeing and arranged marriage. My FIL spent 1.5 L only out of marriage expenditure 5 L. On the previous day to my marriage, i came to know that my wife is already suffering from epilepsy problem for a long time and she continuously took the tablets from 2009 (before that also) and must take the tablets even after marriage. I whole heartedly agreed to it and verbally conveyed to inlaws we will check with our own doctor irrespective of medical methods (Alopathy, Homeopathy or Siddha). After marriage, i realized that she is innocent even though she is educated, but always driven and ruled by her parents both financially and mentally. About inlaws, FIL - earning commission - working as a collection agent for local illegal financing and doing his brothers cable operator business. MIL - house wife, but earning by Stitching blouses to the locals. After marriage, b'coz of her Epilepsy problem i have given her time in everything to better understand about my family diginity. Later the complications arised as she was every time directed and ruled by her parents for everything. she was misguided everytime. Later after quarreling with my inlaws on 4th mon aftr marriage, she strted doing bit house hold works and tried herself to distract from day dreaming about fear. All gone well until her younger sister marriage on Sep' 19 2018. In between we tried change my wife's medical treatment from Allopathy to Homeopathy as i had a word with doctors (Allopathy Dr. not assured the cure but, Homeopathy Dr assured complete cure). Now, her parents convinced her indirectly as such twenty days back to act for suicidal attempt with her regular tablets. we fought and finally she said have not taken the tablet and dont want the salt water. But feared of me and acted when her parents arrived. she is now dancing as per my inlaws words but willing to come with me if i agreed to her tablets. FIL has now got some false medical evidence with money. Now my 5month boy is suffering a lot, b'coz inlaws not aware of the baby care. (Love marriage in their teenage). Not allowing me to see my son. Need a local lawyer for protection of me, my wife and son. She used to take Oxetol 400 and Lamo 100 each 1 tablets regularly morning and night. Is there any way i can seperate from her parents and take both my wife and son custody? How long the case will be heared, when can i see my wife and son back. Also want to know the loop holes. I have record of purchases for her, her family and lot of things put up by me in inlaws home. Please guide me for the safe and secured life - Karthik
Asked 4 years ago in Family Law
Religion: Hindu

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23 Answers

Hi, it is advisable to file a petition of RCR in family court .. The RCR ( restitution of conjugal rights ) is a process in which court try to mediate and settle the disputes between husband and wife ..

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

let her continue to take allopathic tablets

2) she would return to her matrimonial home with your child

3) you cannot restrain your wife from meeting her parents

4)if possible take a job in another city and shift with your wife and kid

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

your baby is only 5 months old

2) no court will grant you custody of 5 month old baby

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Sir custody for the son can be filed before the family court but for wife either you can take a restitution order or she if willing should come by herself she need to take stand for her family.

See if she is ready then there wont be any issue so better prepare her then if there is no way approach the court for restitution and child custody.

Further file a police complaint against in laws for not allowing your wife and child to come to your place.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Yes you can ask ask for the custody of the child by filing an family petition for the custody order along with the interim order.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hi sir you can ask the custody of your child or visitation rights to see the child but as per the Supreme Court guidelines a minor child can’t be handed over to a father until he or she obtains majority stage but you can 100% get the visitation rights of your child...!!

Do call me for further details

Koushalya Pattan
Advocate, Bangalore
174 Answers

Not rated

once try to settle this matter with your elders of both the sides of the family,

Under the Hindu Minority and Guardianship Act, 1956, the custody of all children below the age of 5 years is given to the mother.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

File a petition seeking restitution of conjugal rights since you have been abandoned by your wife without any just and sufficient cause.

Your wife and child cannot be held as a captive by your in-laws.

If they are in captivity, file a habeas corpus petition/

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Contact a local lawyer with more details.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Sir,

You have two options get issue a legal notice and file divorce petition on medical grounds. Secondly you may adjust with her by taking her for regular medical check ups. If you want to abandon her more issues will arise which you may not face. If she left in her parents house till baby attains two years age it will be safe.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Hi, yes the custody of child can be filed in family court..

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1. Unless she agrees to return to you no court can come to your rescue. If you have an apprehension that she has been brainwashed and held against her will then you may file a petition for the issue of writ of habeas corpus in the High Court whereupon the court will order police to produce her along with child before it.

2. If habeas corpus petitions fails because of her refusal to return to you then you may file a petition for declaration of guardianship and custody in the court of guardianship judge. You stand a good chance to get the custody of your child if through medical evidence you can prove that she has a suicidal tendency.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Hello,

You can only get her back when she agrees to come and by no court order can you force to live with you.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Yes you can file a case of child custody but you will not get the same until you the child attains the age of 6.

Welfare of the child is of paramount importance while deciding the custody of the child.

Get in touch with a local lawyer.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If your wife is in your house itself, you dont have to do anything about it except that you prevent her parents from visiting her.

If she is at her parents house then you may file a RCR case and also child custody case based on her medical problems.

The cases will go on for years, but you have to regularly follow it up.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Can i ask the court to grant me custody of my son as my wife may still act to her parents advise?

The medical ailment namely epilepsy should be a strong ground in your favor taking your child in your custody.

You can file child custody case.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

You would not be given custody of 9 month baby 

 

2) you would be granted visitation rights of child 

 

3) you have to make application to family court seeking custody /visitation rights of your son 

 

4) welfare of child is paramount consideration 

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

See you can file for child custody now citing the reason and court for welfare of the child can pass an order to give you interim custody pending main petition also court can ask you to pay for child maintenance and give you visitation rights.

Further if this don't work out mutual divorce is best option

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

As per law generally the child shall be in the custody of the mother till it attains5 years of age, until and unless there persists a danger to the life of the child if  left in the company of a mentally retarded mother who may even try to kill the child without knowing the consequences.

Thus it may not be possible to get infant child's custody till it attains5 years of age.

However this won't forbid you from filing child custody case, because you may get at least visitation rights.

 

Discuss with your lawyer and proceed as advised on such further issues.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Consent terms in MCD would provide for custody of child, visitation rights 

 

2) if wife withdraws her consent MCD would be dismissed 

 

3) you can file petition for divorce on grounds of mental cruelty seek sole custody of your child 

 

4) court would award you visitation rights at least 

 

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

In case of mutual divorve,  custody alimony everything is decided mutually by the parties only. If she declines mutual consent once after agreement the petition will be dismissed or converted into contested divorce. 

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

1. See in the mutual consent divorce gue parties decide for custody and visitation if they fail petition in the court can be filed.

2. See there is no law on such rituals now of the ritual is done without your presence no.action as such can be taken against them.

3. Sir in your case it would be better you take divorce share custody of the child as dragging matter won't be helpful.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You will have to decide all the conditions of separation including visitation, custody, alimony etc. 

if she goes silent after filing the mutual divorce then you may get the same withdrawn and then file a contested divorce 

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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