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R.M   27 September 2016

My son is my hope of life and how can i get him back?

My wife left  one letter and left the house without out son, then went to their relative's house even she stated in her letter she is going where, she dont know, then i contacted with my in-laws and they were not helpful to find her, however i filed missing application into polic station (U.P)  in the same morning and same day in evening time her cousin brother who is also advocate in delhi, files a complaint against me, my mother and sister of harassment and molestation, and after one week they filed a complaint Nation Women Commission with the same reason and ( that was not in our knowledge that time ), after a month she came back with the mutual efforts of my family members and her brother's in-laws because my in-laws was not interested in the same but it happens with the reason, when she came back, once again she and her mother was fighting with me  for the same reason, in July month my mother was admitted for her mejor operation in hospital , and my wife again left the house without any reason and this time with our son and then me and my family members contacted with them to resolve the things but they were not ready and even my wife is not ready for telephonic conversation with my son, and she said specifically, mai mere bache ke uper is admi ka saya bhi nahi ane dungi.

in the mean time I filed a case under section 9 and they also file a case under 125 and made a demand of  50K per month and mentioned that my income is 1 Lac per month which is not true infact my monthly income is 20-25 K these days because i am working as a freelancer service provider  and due to family situation i am unable to continue my work properly because i have stay at home to take care of my mother because she has 6 month bed rest as doctor suggested to her because of her age and operation weekness, and even in case papers they have mentioned some points which are all wrong even i can prove that they all are wrong with solid evidences which i have. This is some short story of my situation.

My Questions are :

1. How much amount court grant to my wife for her and our son, even my inlaws has sufficient property and income to take care, father in law working, mother in law working, brother in law working, she is more qualified than me and forcefully & without any reason she is staying with their parents with our son who is 4 year old, and she left our house with the plan because last time she did a mistake and this time she left the house in absent  of me and my mother.

2. Can i file a case of custody/visiting rights of my son, under GWA Section 7 & HMA Section 26, because my in-laws staying in Haryana and i am in U.P so where i can file case for visitation rights as i know custody may not grant me because he is just 4 yr old, so in any way can i get early custody of my son also if yes then HOW ?

3. Can my wife file a case under section 498 & DV act also even she file a case of 125,  2 months back ? will court ask her why you were late for these cases?

4. In 125 case any chance if i can win because i have all the proof which can cross of all her allegations?

5. Can i file visitation right application in response of section 125 case also? and can court grant me visitation rights?

 



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 2 Replies

A walk alone (-)     27 September 2016

1) inlaws income and property dnt matter because after marriage she is your responsibility. If you prove court that she is capable of doing job / her higher education or you prove that she leave you without reason then court might consider it. But you have to pay for your son. Generally amount will be 1/3 of your income . For this she has to prove your income also. 2)yes you can file file case for visitation rights. As your son is below 5 years court may not grant you custody.3)yes she can file a case under section 498 & DV act also . Dnt worry if she file she has to prove her allegation not you have to prove your innocence. Court know 80% such cases are false. 4) she has file 125 crpc let her prove her allegation. But I you win then also you have to pay to your son. Try to get evidence of her education to prove in court that she is capable of doing job. Be cool dnt worry nothing she will get from court. Only she will waste her time and money in court. 90% marriage matters solve out of court

Mukesh sharma (job )     27 September 2016

Hi R M you have file for custoday of child and court will consider all thing and if their some how think than you get child custody and visting right 

other sec 125 application its depend on your income and your all other source and depend on court but its not approved as wife demand court will check all situation for her and your side you show your income source and you told who other depend on you 

so not worry about if you wife asking huge amount and court will approved its not possible 


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