File for divorce by mutual consent
seek joint custody of child
in alternative visitation rights
Mutual consent divorce tajes 6 months only
contested divorce proceedings take years to be disposed of
Child custody
Background -- Sir wife had left the house 2 yrs back. We were in conversations regarding the solution to continue the marriage. I took a bold step and moved out of my parents’ home. While I had to do this not only to sav ethe marriage but also to protect my parents as they are old and constant fights leaded to health issues. She threatened me that she will not leave the matrimonial while she was away, but I later took this decision to move out with her stuff. This kept going for an year and I brought my child with me, he stayed there with me for almost 6-7 months, and my wife was living with her mother. Situation: it turned when recently she again went out publicly and created chaos on the street of my colony and brough police. Since the police felt no case they went away .. 3-4 months back my child went to her place to meet and didn’t come and since then staying with her since Feb. Initially I was able to talk over WhatsApp’s with him but later she started taking him outside Delhi without even telling me and asked if we had fights (bad ones) . She started stopping me from calling him to avoid my calls , no reply msg and recently, she said to me that she want to have mutual consent and the kid to be seen in the court now . She emphasized on the mutual consent. With this , I went to see the child at home they didn’t allowed me to enter or meet / come in the society asking the guard that mother is unwell and my wife was out where she gave me any clue where my child is and neither told me I am tired of fights and these tactics , I msgd her but no response. Now I have stopped paying for school fees and kept myself in silence. With this now I’m afraid my child would be distant more . Please suggest if I don’t want to go for the legal battle is it right to keep silent this way or shall I proceed with some actions
Asked 5 months ago in Family Law
Religion: Hindu
20 Answers
If you have opted to not to pursue the matter legally and chose to remain silent then you may not get any relief including getting back the child or even a decision either to discard or continue the marital relationship.
You can think about the child and file a child custody case with an application for visitation rights as an interim relief.
If you are not able to locate your child then lodge a man missing complaint with the police and blame her for abducting the child and keeping the child in an unknown place and the fate of the child or its health is not known.
This may followed by filing a haebus corpus petition before high court to instruct her to produce the child before high court.
okay do you see if i should stop the fees for now as i see i have been paying continuously but her behavior regarding schooling also changed as she doesn't send the child to school and paying hevty amount of 15k where 5k was bus which i forced to removed. Child is just 6 yrs
Asked 5 months ago
You can pay school fees directly to the school
you should not stop paying school fees for your child
Do not stay silent—it may harm your case later. You have a legal right to custody or at least visitation as the father.
Since the child is only 6 years old, the court considers the child’s best interest, not just the mother’s wishes.
You should:
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Send a legal notice seeking visitation or custody rights.
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File a case under Guardians and Wards Act for custody or visitation, if she continues to block access.
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You may temporarily stop school fees if she is unilaterally making decisions and not letting you meet or speak to the child.
But document everything—messages, calls, fee payments, denied visits—as evidence if legal steps are needed later.
If she is not even allowing you to see or contact the child, you don't bother to send school fees or even maintenance.
You may file a child custody case immediately since the child is over 5 years of age
If you want to claim child custody you need to file the same Otherwise you can claim for visitation rights
Stopping the school fees entirely is not advisable, as it could harm your child’s education and weaken your legal position. Instead, resume paying the ₹10,000 fee directly to the school, verify the child’s attendance, and address your wife’s neglect through a legal notice or mediation. Pursuing mediation is the best way to avoid a legal battle while securing your access to the child and ensuring their education. If mediation fails, consider filing for visitation rights to maintain your relationship with your 6-year-old and address the schooling issue through court intervention.
Dear Client,
What you must do is take actions that will ensure that the interests of your child is safeguarded, your rights are safeguarded and that you head towards a breakthrough to this situation and that breakthrough may come in a divided form. You cannot afford to prevent a possible confrontation of the legal battle outright because of what she has done but you have the choice of entering it in a way that is tactical and controlled.
Immediately Resume School Fee Payments (and any other child support):
Why: This demonstrates your commitment as a father and removes any ground for her to claim you are neglecting the child.
How: Pay directly to the school if possible, or through a bank transfer with a clear note. Keep meticulous records.
Document Everything (Crucial):
- Continue to send messages to your wife requesting to meet the child, asking about his well-being, and expressing your desire for regular contact.
- Keep records of all communication (WhatsApp chats, call logs, emails).
- Document instances where you were denied access (date, time, who denied, specific words used, guard's involvement).
- Document the public chaos incident (date, time, police presence, their departure).
- This documentation will be invaluable if you end up in court.
Under these circumstances, your chance of having to encounter a legal battle, at least concerning child custody and visitation, is quite high in case you want a child to have a relationship with you. Her locking out behavior, her carrying the child out of Delhi against your wishes and now coming out straight dealing in handing over the kid to be seen in the court, indicates that she is working or already putting in place a legal strategy.
Ignoring it or being silent will only weaken your position. A "legal battle" doesn't always mean endless, bitter court arguments. It can also mean strategic legal steps (like filing for custody/visitation) to compel a resolution, potentially leading to a more agreeable mutual consent divorce or court-ordered terms that protect your parental rights.
I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.
- 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.
- If she is not agreed to live with you then take her consent for mutual divorce
- Further, as per law both the parents have right over the child , and she cannot deny you to meet the child.
- You can file a petition before the family court for getting visitation right or custody
You can contact me, if further suggestion needed.
Dear Sir,
First of all, you are suggested to be bold morally, emotionally and ethically to face all the things. What she is doing is cruelty against you and your parents and the same can be utlised by you at appropriate stage. Also, not showing, keeping the child away from you is another instance of cruelty and you must utilise the same. Just come out with the bona fide intention that the best welfare of child is with you and then you may start your action. Also, avoiding or delaying the process of court may not result fruitful in long run.
I have tried every possible way to ask to see the kid but she said she to settle with her and then later boy will come. She wants to settle in some materialistic form as she sounds. She sends kid very less and inform the teacher that he is unwell make him study at home. I stopped the fees . They have the portal where we have to pay. She has stopped very possible way to reach to my kid.
Asked 5 months ago
In the present circumstances, send a legal notice to her through your lawyer for the custody and visitation rights of the child.
You have stopped paying the school fees then what else you want?
If you want child custody then you fight the child custody case properly , are you worried about visitation rights alone or whether you are interested in child custody also?
Therefore you decide to file a child custody case and seek visitation rights as an interim relief
thanks for answering. I was just getting confused stopping the fees lead me into more deeper troubles. I will fight the child custody. The kid is already manipulated. I
Asked 5 months ago
Best of luck you can fight for it and visitation rights are your roguts under law she can’t deny it anytime
File petition on family court seeking joint custody of your child
but dont stop paying school fees
Act as mentioned herein above
In the absence of any court order there is no legal obligation on your part to pay the school fees or maintenance amount to her.
You can become ready for the legal battle of course if that becomes inevitable in the immediate future with the given quarrelsome nature of your spouse.
- Since, she has already stopped the child to go to school , then you can stop to pay the fees on this ground
- Further, if you will file a custody petition before the Court , then you can start to pay the same
You're right to consider taking legal action now. Staying silent or stopping school fees without a legal response can be used against you later. Since your child is only 6, the court prioritizes the child’s welfare and does not presume automatic custody to the mother. You should immediately file a case under the Guardians and Wards Act to seek custody or at least structured visitation rights. Document all denied attempts to meet your child, school-related concerns, and financial contributions. Stopping the fees is understandable given her unilateral decisions, but formalize your position legally to protect your parental rights and avoid being painted as negligent.
Dear Sir,
In the case of child custody, you have just to prove the better and alround development of the child is only when he resides with you. You are suggested to take every possible steps in this regard and move further.
