• Marital disputes - need advice on rights and next steps

Hi Experts,

I have been married for around 3.5 years and we have a 2.5-year-old child.

For the past 1–1.5 years, there have been frequent arguments at home. My wife often gets very aggressive and out of control over minor household matters, such as cooking preferences or placement of household items (as examples), which escalate into larger conflicts. She has also been disrespectful towards me and my parents.

These issues increased after we moved to the same city where her parents live, and their involvement in our matters increased. I also feel that their involvement has not helped in resolving the situation.

From this year onwards, there has been a repeated pattern where after such arguments, her family members come and take her back to her parental home.

On a previous occasion, she left home and stayed with her parents for around 2 months without any communication. When she returned, I requested that we maintain peace for the sake of our child. Things were fine for a few days; however, arguments started again and the situation became tense.

Recently, after another incident, she left home again along with her parents without asking or telling us on tentative return or future plans. They packed her belongings and took her and our child with them. I did not get a chance to meet my child at that time.

Since then, it has been more than two weeks since I have seen or spoken to my child. I have sent messages requesting to speak with him; however, I have not received any response.

I am concerned about my child and want to stay connected with him. At the same time, I want to handle the situation properly without escalating conflict. Also she is having issues that my parents should not come, which I cannot accept. My parents need me at this stage of life and I cannot leave them.

For context, my wife had a previous marriage which ended after around 3 years.

I understand that due to the child’s young age, custody is usually with the mother, but I would like to know:

1. What are my rights to speak to and meet my child?
2. What legal options do I have to ensure regular access/visitation? Living in different city and cannot visit personally to meet my child.
3. What steps should I take at this stage?
4. Should I consider separation, or are there any options to resolve and stabilize the situation?
5. Based on the child age, any possibility of his custody?
6. Or else should keep silence and wait for her next action?

Request your guidance on how to proceed.

Thank you.
Asked 23 hours ago in Family Law
Religion: Hindu

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4 Answers

You file a child custody case and file an IA seeking visitation rights as an interim relief.

You can express your grievances and the sordid tales or incidents that took place when she was there with you in the child custody petition.

You consult an advocate in the local and discuss the subject matter at length and proceed as suggested.

T Kalaiselvan
Advocate, Vellore
90491 Answers
2521 Consultations

You are entitled to visitation rights once a week or so 

 

2) in addition court would permit you to speck to your child 

 

3) make an application to family court for joint custody of child and visitation rights 

 

4) you would not  get sole custody of child 

 

5) wait fir a month or so 

Ajay Sethi
Advocate, Mumbai
100290 Answers
8194 Consultations

You have a legal right to seek contact with your child, and the Family Court can order regular visitation, video calls, and interim access; such a case is filed where the child ordinarily resides. Custody of a Hindu child below 5 years ordinarily remains with the mother, but the court’s main test is always the child’s welfare.
So, do not keep silent. Send one polite written request for access, preserve all messages, and promptly file for visitation/interim custody; the Family Court also has a duty to first try settlement where possible.

Next step you may consider

Please consult a local family lawyer and file a child visitation/interim access case in the Family Court where the child is presently staying.

Saurabh Agrawal
Advocate, Greater Noida
71 Answers

You can seek visitation rights and all other rights in comecton with your child. The court will grant you the same. There is no need to ask the same form her if she is not cooperating 

Prashant Nayak
Advocate, Mumbai
34902 Answers
254 Consultations

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