Umesh Kumar Savasuddi (Project Manager) 04 June 2013

Child custody

My greetings to all the lawyers in this forum. I am in big dilemma weather to divorce my wife and take custody of my daughter who will complete her 5 yrs this novemeber 2013.

I work in IT firm in pune, Married since 7 yrs, stayed with my wife yrs together, 3 rd yr my wife got pregnant and i got onsite opportunity to travel abroad, and she got opportunity as govt school teacher during her pregnancy in 2007. I went onsite & she started a new job. Our relatioship started spoiling as i was staying away from her as she was serving as teacher in karnataka. We were unable to spend good time together. Differences started developing , to make her happy and give surprise bought a flat in pune. She was not at all happy about this decision. My mother in law had a quarrel because i did not inform them and she was not happy that flat was not partly registered in her name. Stiffness grew more and more my wife asked me to take a mutual divorce on phone and take separation. I was never interested in getting separated.As i was already separated legally once wth my previous marraige. Now its been 4 yrs almost we dont have any physical realationship. She was caught by me when one of her friend uplaoded pic of her in a bed room of hotel uploaded on the face book. As she was caught her brother made her to come bac to pune and she stayed just for 21 days and she was back to karnataka for writing her gradaution exams. Still we did not had any physical relationship. She stays with her brother away from her mother, have kept our daughter with her mother. She admitted the daughter without my consent. as well i never used any proof take any revenge on her to pressurrise her to come back to me. After that incident its now 1 yr she is not ready to stay with me , she wants me to quit the job and some job in karnataka, and dont want to have any physical relation ship with me. Dont want to share any monetary information about her eearning from 6 yrs of her job. I never asked her that his brother is living hi livlihood on her earnings and supports her too much, same her mother also supports. Another brother serving in army advises her to go back and stay with husband. I can shift to karnatak provided she starts developing a good relationship with me, same from my side. Kindly advise me on this

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4 Replies

Umesh Kumar Savasuddi (Project Manager) 04 June 2013

Thanks! I need custody of my child

What do u suggest on this

Umesh

stanley (Freedom) 05 June 2013

The Honey moon is over the bond has been broken . File for MCD and file for custody under gaurdians and wards act 1869 .

Raajeev Sampat. (Self employed.) 05 June 2013

What you can do is file for custody under the guardians and wards act 1890.Write to her first before filing for custody by email and keep these emails.In the emails request her to go for divorce by mutual consent and express to her that you want your child with you.She will reply by refusing to give you the child.If she does that write to her saying that you have tried your best to part ways amicably but because of her non co operation you are left with no choice but to take steps under the law.When you say you are left with no choice but to take steps under the law,you must not disclose that you are filing for custody.After that last email,file for divorce and custody and let the summons go to her as a surprise.Use the bedroom proofs as evidence to say that her affair is not the right influence on your daughter and you are better to take care of the child.It is no longer a pro woman court in India and nowadays men are given equal rights and are heard equally.The judiciary will have respect for you as hardly any men today want custody.In fact most men want to pay to get rid of wife and children to pursue an affair or an independant life.

All the best.