• Need advice against non-trustworthy wife

I have a son of 1.5 yes old my wife is staying at her mothers house since last six months we have already tried to bring her back but whenever we went to their house they insulted me and not allowed to meet my son, they have taken sympathy of society by putting wrong allegations. I don't trust her any more and want to end themarriage , I want to meet my son and nurture and secure him for his future. There are no criminal cases yet. I am afraid to go to her house as I am afraid that if I go to meet my son they will trap me for some or the other false complaint.

Kindly suggest what can I do now.
Asked 1 year ago in Family Law from Hyderabad, Telangana
Religion: Hindu
1. If you want to end the marriage then you are required to file for divorce, which you may do on the basis of marital cruelty by your wife.

2. To get your son you are required to file a case for child custody. As the father of the child you cannot be denied access to him. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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You can file for child custody without filing for divorce or RCR.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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you should file petition for restitution of conjugal right. she may refuse to live with you if her refuse extends more then one  year then you can file divorce petition after lapse of one year. You should borne in mind that when wife has no reasonable cause to live separate from her husband then she can't claim for maintenance, either under HMA or sec 125 of crpc 
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
You should record your conversation in which she made false allegation, refuse to live with you. false allegation and refuse to live without any reasonable cause comes under matrimonial cruelty and this constitutes a valid ground for divorce. Mother is the natural guardian of child up to the age of 5 years if court satisfies that she is capable to take care of child otherwise father may get guardianship. 
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
1) you can seek visitation rights of your son 

2) father is natural guardian of son and wife cannot deny father visitation rights 

3) contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
23290 Answers
1219 Consultations
5.0 on 5.0
1) If your wife is abusive by nature you can file for divorce on grounds of mental cruelty 

2) if wife files any 498A case contest it on merits and obtain anticipatory bail 
Ajay Sethi
Advocate, Mumbai
23290 Answers
1219 Consultations
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yes, you may file a child custody case  before family court or district court under Guardian & wards act along with an interim application for visitation rights without filing any other cases.
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
Hi, you have to file petition under  Guardian and wards act for visitation rights to see your child and court will never denied to see your child.

2. You may file for petition for divorce on the ground of cruelty.

Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Hello,

1) As the marriage does not seem to be working the way it should be you should file for divorce to end the marriage legally, especially when all your efforts have failed.

2) You can file an interim petition for custody of the child and visitation rights.As the father of the child you have the right to get access to your son. As he is less than 5 years of age custody may not be granted to you now.

3) You can send a legal notice to her asking her to come forward to discuss for a petition for a mutually consented divorce to be filed.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Hello,
1) There is no bar to your filing for visitation rights without filing for divorce or restitution of conjugal rights.

2) Nevertheless it would be convenient if you club the cases together as all matters related can be sorted out at the same time. 
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. You can file a divorce case against her on the ground of cruwlty,

2. Mother is the natural guadian till 5 years of age of the child,

3. File a child custody case after he attains 5 years of age,

4. At presnt file an application for visitation right for seeing your child to be brought preferably at police station.
Krishna Kishore Ganguly
Advocate, Kolkata
12118 Answers
231 Consultations
5.0 on 5.0
1. You can file an application for child visitation alone,

2. Since she is abusive and not trustworthy, you should decide about your future and file a divorce suit simultaneously.
Krishna Kishore Ganguly
Advocate, Kolkata
12118 Answers
231 Consultations
5.0 on 5.0

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