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Samuel (CEO)     18 June 2012

My questions and need help on re union or child custody

Dear Lawyers and Advocates,

I am have been closely reading many forums in this website this very useful for layman like me. Thanks!

I was married on 2010 and have 10 months old son. After the 4 months from baby born my wife fled to Bangalore where she joined in a company 2 months she lived without even informing me the address.

After so many tries, I reached her and asked to come back and live with me in Chennai but she keep refusing me and she is asking me come and live her in Bangalore. As she wanted to work, Bangalore where she was working earlier before marriage she joined again, But they agreed to settle with me in Chennai later she changed and she went out without my notice. I spoke to her many time and wrote letters(love letters) to come back… she refusing me stating Chennai pollution, Chennai hot city, family people, blaming on my misspelt words… if I go to see my son she close the doors and leave to relative/friends house switching off the mobile phone.

Now she is not showing my son to me and to my family its has been 8 months( I was there during the bayborn). I have tried for counseling many times…., using my father, relatives, her relatives and church parish priest my wife family are not responding to anyone.

2 weeks before, I have filed for  reconciliation ( re union) summon from Church Matrimonial court. As she don’t want to appear before court she is trying to settle down, but I don’t see the real trust in her word.

Now she is calling me and she claims she can ask for job transfer to Chennai. I cannot trust her words as she keep changing as if she will come and live with me and later no sign on her action…

Question:

Ø  Can I apply for child custody and Child abduction?, I want to see my son I love him and he is my life. My wife parents were also separated for 6 years in her childhood days and they applied for divorce plus now my wife living with her mom with my son ( no security) with that be an advantage or grounds to claim for child custody. ( I don’t want to separate my son from mom, just a close touch for me)

Ø  I can understand I cannot force her to live with me, if I lose her will I lose my son?

Ø  reg DV, 148 etc.., she has written a letter to 10 families and relatives(9pages) that I have collected dowry and list of items( which are wrong) I have evidence. What can I do to it to safeguard?

Ø  I understand family life has to bind by love not by rights! I love my wife, as I don’t see the same from my wife, I need to settle with my son, how can I do it?

Ø  I lost my trust, even I force her to come back, she will be looking for a nice opportunity to leave me and take actions against me. What can I do?

Ø  She is trying to take my son to another country, can I take a legal action on stay?

I will be grateful if advices given regards to my concerns.



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     18 June 2012

 

Dear Samuel, 

Have the following things to say :-

1.   Yes you can apply for child custody - but the chances are bleak since the child is pretty young, the fact that her parents marriage also was on the rocks ! won't really help. We need stronger grounds than that.  You are sure to get visitation rights though, and lastly you cannot prosecute her for child abduction - she is also a natural guardian. 

2.  You can start by intimating the concerned authorities (police/executive) of your state how you apprehend that a false case may be filed against you and your family - cite relevant judgments etc with this and keep a copy for future reference. If done correctly wife won't come to know about this.

If she is planning to take away child you should file child custody NOW. and seek an interim stay order.

 

Feel free to talk !

Samuel (CEO)     18 June 2012

Thankyou Mr Bhagat,

 

 Thankyou sir,

You can start by intimating the concerned authorities (police/executive) of your state how you apprehend that a false case may be filed against you and your family - cite relevant judgments etc with this and keep a copy for future reference. If done correctly wife won't come to know about this.

 

Yes , I have taken some measure at police station and other executives- as a precautionary measure.  

 

If she is planning to take away child you should file child custody NOW. and seek an interim stay order.

 

Right now my kid doesn’t have passport, unless she get a divorce she cannot obtain the passport with her own- that’s my advantage.

From bottom of my heart I don’t really want  my wife to come court and police stations..

May I know, will the church court decision is as effective as civil court?

.


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