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 ..
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 5 years ago in Family Law
Religion: Hindu
23 Answers
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
Can i ask the court to grant me custody of my son as my wife may still act to her parents advise?
Asked 5 years ago
your baby is only 5 months old
2) no court will grant you custody of 5 month old baby
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.
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.
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
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.
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/
Contact a local lawyer with more details.
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.
Hi, yes the custody of child can be filed in family court..
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.
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
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
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.
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.
In followup of the above situation, i have emailed my complaint to Tamilnadu CM special cell keeping district collector, SP and DSP in cc. We couples were called for counselling on 04.01.2019 by District grievances resolving team in collectorate. In counselling, my wife accepted the suicide attempt and conveyed them it is because of sexual torture. In the end of the counselling, team has understood that she is innocent and she is forced to tell something. Also tried their best to sent her to matrimonial home, but she admitted that she is willing to give mutual concern and if ever to step in matrimonial home it will be her final day. Finally team asked us to write a letter regarding the wishes either to continue the matrimonial life or not. Hope my wife have written she will give mutual concern and not willing to live in matrimonial life. whereas i have stated i respect her wish whatever it is. We were asked by the team to approach court for final conclusion and until then we should not be in touch with each other for anything even for child and letter/statement will be presented to the court. FIL have given a statement that my wife is now treated for the breast feeding and injury in C section whilst he was asked. Which may not be possible. In that case, do i have option to verify the false evidences. Even though my son is 9 months by now, can i file child custody of my son with the grounds like wife Suicidal attempt, my wifes medical condition for epilepsy, Son's welfare, health and safety as they are not having good food habits and unhygienic home, earning is much lesser for three elders and child to survive a month. All i fear is for my son. Because they will not harm him as they love him, but they will be unable to provide baby necessities. How sooner can i get the child custody.. after getting my son's custody what will be next. If not the custody by now, when will i get the custody. My wife need proper medication and care taking.
Asked 5 years ago
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
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
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.
Hello there, it is really help full for me with your guidance.. thanks a lot.. now Situation is that My relatives have gone multiple times to console and get my wife back to home resulted not fruitfull. Meantime, after Collector office i have approached Child protection dept and Police dept, who advised me to approach Family court for anything, even for my Sons protection and welfare. I agreed and left it for cooling period. My wife's sister is pregnant now and because of My wife's sister matrimonial home is my relatives and due to my wife and her parents unable to prove the allegations they have made on me, My wife is now motivated to do the mutual consent and want her belongings back from my home. My question is if we are going for mutual consent, does the court decides the visitation rights to see my child or we have to decide on our own. Alimony and maintenance is of no problem, but she doesn't want any of them finally.. Another question is we are already living separately for almost nine months by now and during this course of time, my wifes father made a huge mistake such that he has done the rituals to my family God which is done once in a life time of my child without informing me, which i came to know by last week when my wife's sister inlaws and my grand father went to ask what do they want and whether my wife want the matrimonial home back or not....for which they have replied that she wants divorce. Requesting to please let me know whether indian law governs the rituals to be performed to GOD without the consent of both parents of child.. is it accepted by Family courts or will they ask for my opinion. Also, in case if she later stage decline the Mutual consent and simply go silent like what she did earlier what should i do to see my son. Even now i cant digest what they did to my son which should be done only once for the generation like doing the rituals as we have a belief that it will safeguard from the Evil and prosper him..
Asked 5 years ago
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
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.
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.
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