It's only last month that me and my wife celebrated our 10th year of marriage. Our kid was born on the 7th year of marriage. She could not conceive and after 2 to 3 years of treatment a baby girl was born. After marriage We were staying at my house with my parents. Her undergraduate course was not over so she was yet to complete her internship. I too moved to different place to complete my fellowship .We had petty issues between us, her parents and mine. When I returned back after my fellowship my family issues had erupted . We had love in between us or atleast I thought so ,and we settled our differences and decided to have a baby and go ahead with the treatment. So a few months after the baby was born her mother asked me to let her stay at her place so she can prepare for her post graduate entrance exam and I happily obliged. And for the next 3 years I was shuttling between my place and her house every second week. I stay with her and my kid on weekends. Every single evening I would video chat with my wife and kid. Now she got a PG seat in neighbouring state she moved to work in a hospital She has 36 hours continuous duty and is staying in a working women's hostel. I have a business to run at my place. The problem here is she is not letting me take the kid with me . The kid is preschool age and as a father I have a duty to give the kid the best possible education I can. I have a duty to take care of my baby. My wife is saying I can keep visiting my kid on Sundays for the next 3 years until she completes her PG. Hers mom, dad ,brother and uncle's are threatening me with physical abuse and law suits saying that me and my mom is torturing her and will face dire consequences ( my mom and dad had moved out with my sister next to my house).My wife is not citing any reason why I cant raise my kid in her absence .My kid loves me very much and frequently asks me to take her to my place so that she can play with my sister's kid.My wife has indirectly threatened me that if I keep asking for the child and worry her, I may have to live alone in my house- my parents having moved out. I have no doubt she is never going to live with me even after 3 years. As a father I do not want to let go off my rights to raise my kid no matter what. I have no intention to devorce my wife even though she has broken my heart .What can I do here, kindly advise. Thanks in advance.
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File petition in family court seeking joint custody of your child
2) take the plea that wife has got PG seat on another state and cannot take care of the child
3) in the vent wife files false dowry harassment case apply for and obtain anticipatory bail from sessions court
You can't force anyone to be with you without their will.
Your wife is residing permanently away from your child and the child is being taken care by her parents is a good ground for seeking child custody as the biological father and natural guardian of the child.
Therefore you can file a child custody case immediately to get the custody of the child besides you can file an application seeking visitation rights as an interim relief to periodically visit your child.
You don't have to file a divorce case for filing child custody case.
Dear client I am sorry to hear that but in this case you may approach the court for the custody of your child or for that matter to see your child occasionally.
- 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..
- Further, as per law, both the parents have an equal right to the custody of a child.
- Under the Guardian and Ward Act, , the welfare of the child as the paramount importance, like ethical upbringing of the child, Safe-keeping of the child, Good education , and economic well-being of the guardian.
- If one parent is given physical custody, then periodical interaction and visitation is given to other parent.
- However, joint custody is also given to parents, i.e. both the parents will take care of the child turn by turn keeping the child in their custody.
- As per the Supreme Court, for the custody of the minor, the only consideration is the welfare of the minor.
- Hence, legally you can claim for joint custody under the Guardian and Ward Act.
