you can file petition seeking sole custody of your children
2) court can award you joint custody .
3) you would get visitation rights at least
Children custody
Dear Sir, My wife (house wife - no income) has left my home along with two children around one month back with the intention of getting maintenance charges (half the salery). While left children were at their school and she has taken them from school. Earlier she has twice put the false cases on me and my family and one time I was arrested by police. However both times she has taken back the cases being wrongfully done. Now my question is that what kind of cases she can file against me for my harassment and what should i do against such cases. Should I go for getting custody of children to resume their school and what are the chances and timeframe for getting the custody. Ragrads Gurmeek
Asked 6 years ago in Family Law
Religion: Hindu
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10 Answers
See she can again file cases like domestic violence or cruelty against you as a precautionary major you can file a complaint that wife along with kids willfully left.
See you can file custody petition before family seeking custody of child on ground of welfare of child as they are missing the school plus on same ground an interim application can be filed seeking custody.
She can still file FIR of fresh false incident of violence and also claim maintenance. Custody petition will take time, show urgency to court of on going school session to order interim custody to you. ,
she can file cases of domestic violence, maintenance, and 498a/323/406, etc against you,
you can file a case of custody of your child on the grounds of welfare, interest, education, etc
various factors are considered while deciding custody petition like financial status, the welfare of the child, will/consent of the child, educational status, living standard, place, basic/extra amenities, etc
1. If your children are staying with their mother then in the custody suit you file may not bring them back. The court is lethargic to transfer custody of children unless there is evident proof that their very safety and warfare is at stake with their mother.
2. However in the custody suit you can get visitation rights of the children which include if the court sow ants to keep the children during their holidays or in weekends.
3. In the mutua divorce petition though you can include such terms as both of you agree on the issue of custody.
she can file DV and 498a against.
you can file section 9 RCR.
Normally a minor child of below 7yrs. is kept with her mother's custody. In some exceptional cases father can apply for custody of such child before Ld.
You can file case custody or visitation rights before court
For getting custody of your children you may have to file a child custody case under G & W act.
She may once again file a false case under DV act and also under 498a IPC.
You can take precaution by obtaining AB in case you receive a summons from police on the basis of her complaint
Yes you can file case for custody of your children.
You can make your case strong, for not giving any maintenance amount, by filling a case for restitution of conjugal rights.
There is a good chance of you will get the custody of your children.
Dear Client
The cases she can file against you are Divorce case, Maintenance case, Domestic violence case and last but not the least a police complaint for cruelty and dowry.
Now in defense the only thing you can do now is filing case of Section 9 HMA for Restitution of Conjugal Rights to get the order for your wife for getting back to you with children.
If she refuse to come back to you even after RCR petition you can then file case for custody of child under Guardian and Ward Act.
