• Child custody and divorce

I and my wife got married in 2014. We used to live in rented flat from 2015 to 2021.All the expenses like rent,furniture,food, bills and some of her expenses were taken care by me.In 2019 she booked flat on her own name near her parents location. Initially I protested because location was very far from work place but later I agreed.She refused my monetary help.We moved to the flat on December 2021.
We became parents this year on the month of May. Everything was going fine until she stopped my parents to see new born.We had a fight and she complained to Police.Police asked me leave her flat as she will decide who live in her flat and she will decide who can see the baby.
Is there anyway legal to get baby custody.
I had gifted her jewelleries How can I get it back.Can I claim all expenses that I made on her?
We both are working.And she has misused the power that law gives to women. Can I file case aginst her for using me and misusing law?
Asked 24 days ago in Family Law
Religion: Hindu

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15 Answers

1) you cannot claim jewellery gift to wife 

 

2) you can file petition in family court seeking joint custody of your child 

 

3) seek interim visitation rights 

 

4) you cannot claim

expenses incurred on her 

Ajay Sethi
Advocate, Mumbai
95146 Answers
7597 Consultations

5.0 on 5.0

Under Section 6 of HMGA, mother  is entitled to custody of minor till it reaches age of 5 and after that father  is entitled to custody of minor. But till the  age of five, father, grandparents have all rights  to visit the minor, spend time with it, take him for outings etc. If you or your parents are prevented from visiting the  minor, you can file petition in Family Court seeking direction to mother  to allow you all facilities to visit the  minor, take him place of residence of grandparents etc. Court is bound to issue sech direction to mother .

Ravi Shinde
Advocate, Hyderabad
4069 Answers
42 Consultations

5.0 on 5.0

You would not be awarded sole child custody of baby one month old

 

Mother  lap is gods cradle . 

Baby needs her mother 

Ajay Sethi
Advocate, Mumbai
95146 Answers
7597 Consultations

5.0 on 5.0

1. In india, custody of childrens generally of inferior age is preferred to be given to mother only. But in cases where you can establish that you can take care of your child better than your wife and your wife is unfit due to certain reason like she is alcoholic etc, than it is duly considered by the Court and there appears higher chances of you getting the custody as the court while deciding the issue related to custody satisfies himself as to under whose custody the welfare of the child lies and decides accordingly. 

To seek custody, if you are hindu, you can move an petition under section 26 of Hindu Marriage Act, or Hindu Minority and Guardianship Act, and in case to inter-religious marriage one can seek custody under section 38 of Special Marriage Act before your juridical family court. 

2. No you cannot claim back the expenses you have incurred on your wife.

 

Vishek Vats
Advocate, Delhi
48 Answers

5.0 on 5.0

- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- Hence, she cannot disallow your parents to see the baby , and her said acts and behavior can be considered as cruelty , and ground for divorce. 

- Further,  the mother is the preferred custodial parent when the child is less than five years old. The opinion of a child who is over nine years old will be considered, and hence being mother of baby child, she is presently entitled for custody. 

- Further, all the ornaments are stridhan of your wife, because section 27 of the Hindu Marriage Act, makes a female Hindu an absolute owner of Stridhan and gift received at the time of marriage., and hence you cannot claim the jewelry if given at the time of marriage to her. 

- However, your mother can file a complaint against her for the harassment caused her due to not allow her to see the child . 

Mohammed Shahzad
Advocate, Delhi
13486 Answers
200 Consultations

5.0 on 5.0

1. This is fit case where you can file a suit for custody of the child.

2. if in the said suit you manage to establish that the welfare of the child is at stake if he is allowed to remain under the custody of his mother then the court is likely to be handed over to father.

3. In the interregnum the visitation of the child would be granted by court. 

Devajyoti Barman
Advocate, Kolkata
22910 Answers
496 Consultations

5.0 on 5.0

You can file for custody but chances of mother getting it more as he is 5 yrs. but you will get visitation rights in the same 

Prashant Nayak
Advocate, Mumbai
32146 Answers
183 Consultations

4.1 on 5.0

Dear client, according to Indian law one can take the custody of child from mother only after the age of 5. However, if you can prove that you can look after  your child rather than your wife, the court will take that into account and you will have a better chance of obtaining custody.

You can get the jewellery back from her if it is Stridhan of hers and also cannot get back the expenses you've spent on your wife.

The grandparents has the right to take care or visit the child of yours. You can file a petition in the family court for visistation rights.

Anik Miu
Advocate, Bangalore
9153 Answers
111 Consultations

4.7 on 5.0

Dear Client, I understand this is a challenging situation for you.

Child Custody:
To seek custody of your child, you can file a petition for child custody in the family court. The court will consider the best interests of the child when making a decision. It's important to gather evidence to support your case, such as your involvement in the child's upbringing and your ability to provide a stable environment.

Retrieving Gifted Jewellery:
Gifted jewellery generally becomes the property of the recipient. If you can prove that the jewellery was given under certain conditions or with specific terms, you may have a legal basis to request its return. Consulting with a family law attorney will help you understand your options in this matter.

If you are satisfied with the reply, kindly give me a 5 star rating.

Regards,
Arunkumar Khedia
Advocate Bombay Highcourt.

Arunkumar Khedia
Advocate, Mumbai
44 Answers

Not rated

She may lodge complaint with the police for the allegations of offences on acts of cruelty, however since the police has not taken action on it, you may remain silent.

If you have decided to not to live with her anymore then you can demand her to return all the jewels you had presented her .

However you may not be able to claim the expenses spent on her 

You can file a child custody case but you may not get child custody within 5 years age of your child, however you can get visitation rights to visit your child periodically.

If she wants you to get out of her house, then you can decide whether to continue this married life with her anymore or not.

T Kalaiselvan
Advocate, Vellore
85343 Answers
2227 Consultations

5.0 on 5.0

If there is no problem with the mother i.e., if the mother of child is mentally as well physically capable of taking care of the child then the child will remain in mother's custody, besides she is also earning well hence there is no issue she will not be able to take care of the child, therefore you can ask for child visitation rights alone.

However since there is no problem from her to visit the child periodically, you may have to think about all pros and cons before initiating any legal action.

T Kalaiselvan
Advocate, Vellore
85343 Answers
2227 Consultations

5.0 on 5.0

Your parents cannot be denied access to the child. 

seek visitation rights for them by approaching competent court 

Vibhanshu Srivastava
Advocate, Lucknow
9628 Answers
303 Consultations

5.0 on 5.0

1. The baby is new born for which you can not ask for his custody.

 

2. It is clear that your relationship with your wife is very strained.

 

3. Since she has lodged a police complaint and if it is recorded therein that she does not want your parents to see the baby, then you can file a divorce suit against her on the ground of cruelty.

 

4. The items you have gifted to her are considered as her Streedhan which is not returnable but the items gifted by her to you shall have to be returned by you if she so asks.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. Father can get custody of children below 5 years old if it can be proved that his custody is required for the welfare of the child.

 

2. As of now, you can not expect to get your child's custody through Court order.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

You can move the court for the visiting right of your child and not the custody as your child is below 5 years of age, Apart for this both of you and your spouse are bound to share equally the expenses of well being of your child. 

Robert D Rozario
Advocate, Mumbai
30 Answers

5.0 on 5.0

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