• Wife has left my children with me, how do I take legal custody

My wife has been living seperately and has left my children with me, She is neither accepting to give up the children nor accepting to take them. I have twins, boy and girl, both 8 and half year old. She is just living seperately with her parents after taking away all jewelry etc from my home and now is asking share of property. Iam worried about my children's future. How do i quickly take custody or become a sole guardian?
Asked 1 month ago in Family Law from Noida, Uttar Pradesh
Religion: Muslim
Dear Concerned,

Your kids being older than 7 years you automatically become the natural guardian of your children and since  your children are staying with you , your wife cannot forcefully take them with her. As, this marriage seems not to be working you should pronounce talaq restricting your wife to forcefully to come to your house.
Custody of your daughter will be subject to the conditions as per personal law(Shia or Sunni) which may also be based on situational analysis by the Court as in your case your wife is not willingly taking the custody, hence, chances of you getting the custody of your daughter are bright.

Best o Luck-Stay Blessed.
Atulay Nehra
Advocate, Noida
433 Answers
15 Consultations
4.7 on 5.0
1)you can make application to court and seeksole custody of your 2 children

2) notice woukd be issued to your wife 

3) if she died not raise any objections court woukd award you sole custody 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
1) it is better you obtain court orders awarding you sole. Ustidy of the children 

2) for change of school the management woukd insist on wife consent 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
1. You already have the custody of your children, so you can file for guardianship of your children against her.

2. You are free to admit your children to any school. If the school insists on the signature of mother of children the answer to this is declaration of guardianship by the court. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
No the school does not bound you where you have to get sign of both the parents.  You can mention NA in the column and later when asked you can orally say you are separated.  Non need to make an affidavit unless specifically asked by school 
Atulay Nehra
Advocate, Noida
433 Answers
15 Consultations
4.7 on 5.0
Dear Querist
if you want to take the legal custody of your children, then file a child custody case before family court/district court and claim the custody of children.

there is no other legal option to get custody  of children except the court Order.
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
1. You shall have to file a child custody case claiming custody of your children for their welfare.

2. On receipt of the favourable court order, you shall become the sole custodian of your children.

3. However, she can claim and avail her visitation right.

4. You can file a divorce suit against her.

5. She is not entitled to any share of your properties during your life time.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
1. You shall have to ask your wife to sign the application to be proper legally for changing schools of your children.

2. File child custody case to avoid such problems in future.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
Since your children are with you itself, you need not take custody of them, it is she who has to seek custody of the children through court.  Moreover being father of the children, you become the natural guardian, she will remain as mother alone and not a guardian during your lifetime.
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0
So, what happens in case i want to get her admitted to another school? how do i get her admitted without the wife signature in the "parents"  column?  If iam the natural guardian, can i get a affidavit or any other document made , without going through a lengthy court case? 

As a father you are the natural guardian and also since you are taking care of the  children you need not take any permission from school authorities.  You can fill up the form and mention the details as is required through the  printed forms for this purpose.Her consent is not at all required.
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0

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