My wife left the matrimonial home since april 2018 and keep the 3 years son with me. I filed RCR, section 9 in june 2018 but she not yet given any writen statement against that case. she filed 498 and 406 and after that she filed maintenance. 406 is already complied and surrender from the court for 498 is already done. As a father i want to keep my son with me, now he is 3.7 years old and i give him school which is from nursery to XII.
If your son is already in your custody and the custody of the child is not claimed by your wife he will remain in your custody.
Increase the custody of the child is fought by the wife then you have all the right to contest that the the boy is getting better situation and maintenance including upbringing with you.
She have only one plus. That the boy is below 5 years of the age so it can be be in the custody of mother.
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Sir since the habitual residence of child is with you on this ground along with welfare and care of child apply for permanent custody of the child.
For 498a case file quashing petition in the high court further for the RCR case since she has not filed any WS pray before court to close her right and proceed ex-parte
1)best option is to file for divorce by mutual consent
2)consent terms should provide you would have sole custody of children
3) wife would with draw false cases filed by her
4) you shall pay her X amount as alimony
Under the Hindu Minority and Guardianship Act, 1956, the custody of all children below the age of 5 years is given to the mother. You can claim custody by showing how are u better equipped to take care of the children in all respects in comparison to the mother.
Dear,
Your child is below 5 years, so court not considered your matter.
The court will give custody of child to your wife only.
Only in 1 condition that if you proved in court that your wife ruin your child
life and bitten him, you have a chance otherwise not.
1) If your wife had left you means she has deserted you so how she is entitled for maintenance. If you can prove in the court that she had deserted you than you need not to pay any money to her.
Can I wait for decision on section 9 or what to do I really wants my son should be with me
See, your son will be with you only as per law just you need to prove in court you can take best care of him than your wife.
You shouldn't have filed RCR case instead deserted case should have filed if your fault was not there.
RCR is useless
Even if you get decree you cannot force your wife to stay with you
Withdraw RCR file for divorce by mutual consent
Sir son is with you for time being wait for the order in.case she goes for the.custody order same can be contested.
You can retain your son with you till your wife would not demand custody of child. However upto 5 years of your son absolutely custody right in favour of your wife.
From your site you need not to poke things happen wait for your ircr decision and in case any counter action is taken from your wife then only act
If the child is with you then you do not have to file a child custody case, if at all your wife wants the custody, she may only have to apply for it.
The RCR case may not be very effective however you can use it as a shield to defend your interests.
Can I wait for decision on section 9 or what to do
I really wants my son should be with me
Until the court is passing any order on her petition seeking child custody, your son can remain safely with you.
However if she files any such case then you may have to challenge the same properly and get her case dismissed.