• Custody of 3 years old son

Dear Advocates
I am a govt employee earning 41000 pm. My wife left my house without my knowledge and took my son 2.5years oldwith her. Now she is staying in a rented home and earns 6000 pm. Out of these 6000rs she is paying rent,electricity bills,water bills,phone bills,groceries, conveyance and maintainig child. She leaves the baby in a third class creche and works 9 to 6. Her parents are in support of me and have given affidavits against her that she is not listening to them and even denied her staying with them.
Secondly my child is weak from birth and is on full medalication since birth. I have all the documents with me.
Secondly she has huge mood swings. She cuts her nerves. I have pictures of her. I am worried she might hurt her.
Reviewing all above points i want to ask that can i get the full custody of my child??what can be the consequences i can face??
Asked 6 years ago in Family Law
Religion: Sikh

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9 Answers

You can seek custody of child as she is unable to take care of child

2) mention that she places child in crèche when she is going to work and has attempted suicide on number of occasions

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

This is my response to you:

1. File a case of divorce under cruelty and separation;

2. Since you are Sikh Hindu Marriage Act will apply to you too;

3. Take out an application for custody as well;

4. In that custodial application state reasons for you getting the full custodial rights over your child;

5. Also state that she is in mental delusion and cannot even look after herself;

6. State that she attempted to commit suicide by cutting her veins;

7. Also state that she earns very less and also not able to maintain your child;

8. Ask the physiatric ward to take her in custody;

9. Do it soon enough and engage services of a lawyer to expedite the process.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

1. This is a fit case where the welfare of the child is at stake under care of your wife and hence the same can be changed.

2. So if you file a suit for custody of the child and manage to establish the danger the child is at under the care of his mother then custody can be directed to given to you.

3. However if you need string proof to substantiate your claim against your mother.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
510 Consultations

Yes you can get the custody of the child. For this you will need to file an application for the custody of the same.

The consequences are nothing as such unless she tries to make up false cases against you. Keep all the evidences with you regarding her cutting of nerves and not taking proper care of the child. Her parent's statement will also be useful for the grant of custody.

Shailesh Poddar
Advocate, Delhi
48 Answers

Hii

Greetings of the day.

See this may incomplete presentated by one side.

Yes you can for custody, choose a good matrimonial lawyer give him all facts without hiding anything and fight for custody all depends on court discretion.

Rita Rajput
Advocate, Thane
189 Answers
2 Consultations

Dear Client,

On the basis of child medical condition, poor income of wife, picture of nerve cut enough apprehension about her incapacity to take good care of child,

better file applcaiton of RCR u/s 9 of HMA along with child custody, this way you be safe form any false cases if filed by wife and custody will grant too.

Yogendra Singh Rajawat
Advocate, Jaipur
22987 Answers
31 Consultations

It is the discretion of the court to decide that which parent has the capability to take care of the child. The welfare of the child is of paramount importance, thus the court shall also look into the mental condition and financial capacity of the parent before granting the custody.

So, you have a good prima facie case to get full custody of your child from your wife my proving that your wife is highly negligent and reckless in taking care of the child and cannot be allowed to retain the custody of a child any further.

The evidences you have like Video of her cutting her veins and also the fact that the child is going to a ill managed creche everyday. The statements of her parents in your favour would also help you a lot get a decision in your favour in court. Your child's health condition would also be considered by the court and since you have better resources to give him the medical treatment he deserves, you will be given the full custody of child in all likelihood.

Siddharth Jain
Advocate, New Delhi
6373 Answers
102 Consultations

Her parents affidavit is meaning less and you are responsible for the maintenance and education of her and child that you are failing to and she has not filed petition for interim maintenance.

A child below 5 years will remain in her custody and you need a very strong reason to get the custody and the child should also witness your wish.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

The situations what you have described in your query are very much in your favor for seeking the custody of your child.

You can file a child custody case based on the facts what you have written as the strong reasons and grounds which you rely upon to depict the child's interst as paramount.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

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