You can file petition for RCR under section 9 of HMA
2) seek visitation rights for your daughter
3) you would not be awarded custody of your child as she is only 7 months old
Wife creating problem and she not coming with me
Sir, I am having 7 months of girl child, my wife not coming with me and also her mother creating a problem and brainwashing, now my wife replies to her brother i am not willing to go with me she need up as breakup. But even though my parents and my family relatives also council and advisable to my wife. Last month our family and their family make one dates to sending my wife to my home, on that day i too went but my wife creates a problem and call upon the police they came and ask the problems i had explained and also police man make an advice to my wife. Whenever i went to see my child to her mom, she doesn't respecting as a husband. So kindly advice me what to do for the next step. Right now in this situation i need my child because my wife was not capable to make healthy life to my child with their family she not working she was only non-degree.
Asked 6 years ago in Family Law
Religion: Hindu
15 Answers
Dear Sir,
It is better to file application for RCR it indicates that your desire that you want to save your marriage and you want your to wife stay with you.
If inspite of court orders your wife refuses to stay with you then it shows that you are sincere in your effort to save your marriage.
The domestic violence and dowry cases filed by your wife would be more an after thought.
Inspite of court orders she refuses to stay with you, then you can file for divorce.
You cannot take custody of child, but you have visitation right, upto the age 5 years the mother is the custodian of child.
See at this stage if you want your wife back you can file a restitution petition for restitution of conjugal rights that your wife is not coming back and has deserted you also you seek visitation of child and can file child custody separately citing that wife alone is not capable to take care of the kid and for welfare and good upbringing of your child the custody should be given to you.
In case RCR fails ask wife for a mutual divorce that would be peaceful and fast otherwise you have to file a contested divorce on ground of cruelty if she do not want to live with you.
Hi, Thanks for the response, and more over my wife not working and also her family was too poor, so they can't able to take care of my child e.g: Child health is not good means they not treatment as properly in this case, her mother also making a problem while visiting to my child she asking some other files regarding my child details.
Asked 6 years ago
See your wife if not working she can claim maintenance from you but in the child custody petition you can argue that she doesn't have proper resources to take care of your child and further with her child would be deprived of proper medical and education facilities.
Dear Sir,
You can file child custody case on the mental health condition of your wife. Usually courts will consider welfare of the child and accordingly your application will be award.
Merely because wife coming from poor family is not ground to deny her custody of child
2) court can direct you to maintain your wife and child
File custody application in court, sitting all the conditions.
Go and meet your wife and talk to her in person. Personal meeting often remove the cloud of suspicion or uncertainty which may have poisoned her mind externally.
This is essential to walk a extra mile to iron out the differences if your wife presently has.
Do not talk to her through any other person.
In all circumstances you must have to take her to a shirt holiday destination which in all probability will resolve your crisis unless your wife for reasons best known to her has decided on her own to get this marriage dissolved.
You need go file for custody and visitation rights of child. You can decide whether you want to file divorce or restitution of congual rights Petition
If you intend to continue your matrimonial relationship then don't pursue legal options as you may be aware of the consequences. Wait and be patient .
Regards
G.Rajaganapathy
If you want to see your child hen you can file a child custody case and seek for visitation rights as an interim relief.
Legally you can do only this because any step taken by you may resisted by her which may cause legal action against you, hence better do not take a risk on this.
You can mention all these issues as pleading in your petition seeking child custody and also interim relief for visitation rights to visit your child.
You can discuss with your advocate at length and prepare a pleading accordingly so that you at least get interim relief.
Dear sir
The only option left with you is to file Section 9 Hindu Marriage act for Restitution of conjugal rights. To bring your wife back.
And if their condition is not good then you can threaten to them for divorce also the only thing you have to give is maintenance to your wife and daughter but if you don't want divorce then just use this as a tool to make threat on her that you won't be able to survive alone. And don't able to bear the court expenses also.
In most of the cases it helps in making the mind of other party cool down and think for the consequences arise out of that.
You can file section 9 RCR.
There is a limit of age in which the mother can only have the custody of the child,thereafter after that age you can seek the custody of the child from her through court but you can get child visitation rights through court.. Consult local family lawyer.
you can file custody of child petition in the family court , in that case court will immediately provide visiting rights to you.
you settle the issue with the help of elders of your family.