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Mani123456 (Engineer)     02 June 2010

how to prove that my wife is using my child as weapon

Hi,

 How can I prove that my wife is using my son as a weapin against me. I have filed divorce and

have got visitance right from the court  for the child every week. I find that my wife is spoiling my child by showing him all types of movie not meant for 5 years old. She is not feeding him properly. She has been doing brain wash  of him against me and my parents. He does not want to come to my house and does not want to tlak to my parents. She  filed false 498a against me and took the child by help of police. I had been trying to get the child visiting my house . There will be interim custody hearing in court soon.  She changed my son's school forcefully without my consent, I sent him in very good public school, now he is going to her own school.

   Earlier when he was just 3 years old she left him under my care and started living outside my house for 9 months.  She is a very selfish mother and now staying a slum type area. She wants me to take her back ignoring all FIR and criminal charges against me. And wants to use child as a weapon as she knows I loved my son. As it is too risky to reconclie for sake of my son now, I am going for divorce.

  



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 7 Replies

Mani123456 (Engineer)     02 June 2010

My wife is a school teacher. Will still I have to give maintenance for my son till he gets 18 year old after the divorce?  I am also trying for the son's custody, in case I do not get, and later if I lose my job? How will

I be paying to my wife for son? She may be keeping my son for just sake of getting extra income, and my son

may not get any actual benefit.

  I am much more qualified than my wife. I am engineer(MTech) and she is just MA will it matter in child's

custody case?

A VICTIM OF MRS HITLER (JUSTICE SEEKER)     02 June 2010

Mr Mani is facing a typical problem ..that the women uses to blackmail her husband and is actually

blackmailing the child also ..just for her ego..

i DONT AGREE that just because a mother keeps her in womb she knows more than the father....a child need both...

i think given the Indian laws Mani needs to take her back and slowly convince his wife to take back the FIR..


(Guest)

1. What is the current scene with visitation as stated by you?
2. There is something called secondary evidence (pics / audio bites . movie bites etc. etc. ) as per Indian Evidence Act which if applied intelligently in Custody cases using S. 17 GWA R/w S. 10 GWA then interim custody could be granted towards you with visitation to mother till final decision of the court on main Petition on merits of the case.
3. Sh. Prabhakar ji's advise is correct especially last paras and though you have stated things on emotions and sentiments point of view but Court asks for Welfare of the Child and if you cna proove prime facie complete S. 17 GWA then the interim custody of child is all yours till disposal of main suit.
Rgds.

Mani123456 (Engineer)     03 June 2010

Hi,

  I have not put anything here due to emotions. My wife used to beat my son when he was merely a year old.

She used to forcefully put food in his mouth to save her own time while feeding. She took a job and left

him with me, when he was just 2.5 years old, and started staying in a women hostel as she though she may not be able to take the liability of  caring him and job both. She used to tell job is her first priority.  after 9 months staying outside when she feared I will take some legal action she came back promising that she will  make everything ok. Then her mother turned  up one fine day and she with her mother  filed false FIR (498a) after 5 years of the marraige. She then withdraw my son from the very good public school and started sending him to her own school. She gave affidavit in the school for getting transfer certificate.  When my son was sick many times in those 9 months she never cared to come back to my house. I had to care for everything of my son and played role of mother and father both. Now she is keeping him with her in some slum type area without any facility. He used to have accesses to child play area in my layout and used to do sliding and swinging etc. My wife is expecting me to bow  on my knees and go to her ignoring all FIR etc. She tells me that for sake of child she expects me to go to her and give in writing that I will not harass her for Dowry and will not beat her. I have never done this and she is asking me to confess for what I have not done. It is too risky for me to stay with her even for sake of the child. So asking for your legal opinion, in what way should I present my case? 

   I am able to spend 4 hours with the child in presence of mother every sunday, this order I got from court.

There is going to be arguments on interim custody soon. I have proofs of her staying outside for 9 months and  and medical prescripttions of the doctor where my child got sick. He goes to day care now whereas my parents used to care for him after his shcool. My wife is a very cruel lady, she and her mother used to threaten me that they will kill my son when he was very young. I do not have any evidence for it. So I am already scared what she will do with the child in future. Though child seems to be ok with her for 9 months. But she take him to all sort of violant hindi movies with her and does not care what  effect will be on him. she has scared him and brain washed him so much that on meeting him I get surprised to hear certain things from him, which only old people can speak. She control him by her eyes movements.

Mani123456 (Engineer)     03 June 2010

Will I get partial custody at least where my son comes to my house for one or 2 days in a week.

I think he must get fare chance to decide himself where to stay. If he keeps on coming to my

house and after few years he can decide himself where should he stay. I  do not want to treat him

like my property. I just want a chance where he can decide himself.

A VICTIM OF MRS HITLER (JUSTICE SEEKER)     09 June 2010

I have a similar problem .....in my case its a girl child....this women is using my only daughter to blackmail me ..she has removed her from a good school where i got the child admission ..now she is working in hiding and lives in a hostel...the child has been made to live with her brothers- who dont care --i also took care of my child feeding her, washing clothes, homework, sports, teaching her good habits...this women is teaching her to watch romantic films, wear fashionable clothes, makeup etc..she even hits her if the child obeys me...whenever the child sits with me and praises me or goes out with me ...this women gets jealous....and shouts and says 'apne baap pe gayi hai.." now she has brainwashed her against me...last time i met her my daughter she came to me and then ran away...what do i do


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