Section 125, Child Custody/Visiting rights
My wife left the house in starting of this year without any reason (although behind all differences her family members are the main reason, specially her mother who always interfere in our personal life, and information (left the son also) and her family didn’t talked to me and my family as well, even they didn’t informed us about when she reaches home, we got this information from police because when she left the home I launched the missing complaint and requested to police help me search my wife and same day her cousin brother came to the police station and launched the “Harassment Complaint” against me and my family and Police men asked me and my sister(married) to meet them in police choki and we update them the actual issue and they said they will do as per the law, & after a month, their relative approached us and she came back to our home and her mother started again the same course, and we got fight in between and last month my mother got some health issue, and I was in hospital with my mom to get her operate , and she left the home again without any reason and this time she left the house with our son, that last time she did the mistake (confirmed by her relative) because last time also concern was to get the our son only, and they afraid to fight the custody case because it may be time talking for them also to get custody of our son.
Now they have launched the case of 125 against me with all the false allegation, that we demand the dowry and they gave us, and last day when she left the house, I asked her to left the home, and the truth is I was even not in city where we live, I was 50 K.M far from our home that time she left the house with the help of her family.
Now questions are :
1. Is it compulsory to give maintenance even she is more qualified, from well to do family, and my income is not the same as she mentioned in section 125 case. If yes then how much and what are the ratio of this ? She filed a case in Haryana and I live in U.P.
2. Our son is about 4 year old, and what are the chances to get custody of my son, as she don’t love him as much as she show, and she took our son because she knows our son is the weakest point of me and my mother, because we have this family members only.
A. If I request to the court to give me visiting right then how much it can be? Can court order to my wife that our son can stay with us 1-2 times in a month during weekend? Or just I will get some visiting hours to see our son?
B. In First week of Oct my son will become 4 year old and I want to celebrate his birthday as we do always, but the problem is now my wife is not permitting to talk to my son, she is not picking my phone calls, no sms reply, and even any of her relative don’t want to talk to me, because they have some kind of strategy as they have some lawyers in her family and they may be instructing her for the same.
So can I file any appeal in Chandigarh high court and do some orders to my wife and her family so that my family can meet with him on his special day?
3. In section 125 they have marked all the false allegation so my point is court will ask her also to prove those points or only I have to defend myself, and she don’t need to do anything?
I have all strong points/proff that her all points are fake.
4. They have stated in 125 they have sped more then 40Lakh in wedding and even after they gave us almost 5 lakhs rupees in response of our demands, even the truth is we gave them 3 Lakhs Rupees when they need to clear some loans, even we never demand for the same.
In our wedding it was normal wedding and we didn’t demand anything and even I didn’t get anything from my inlaws, kind or cash.
Can I request to court that check the ITR’s of my Father in law and mother in law during the years to prove that they didn’t have such amount during the years?
5. I have filed a case under section 9 will it help in custody/125 cases, didn’t file the custody case but will file soon.
Please help me in these points and if any god lawyer from Jagadhari then please let me know I wana take some legal advise.