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sandy velan (social coordinator)     23 May 2011

Needed advice

hello, my wife left to her parents home after taking TC of my son without my knowlege. I accept that in fit of anger i shouted some bad words against her and her parents. It was because she was in habit of calling her parents even in slightest provaocation. Usually her father rushes down and without ellicting my opinion takes back my wife and son along with him. This has happened on previous four times. But this time since they left some four months ago they are not letting even my son aged 7 years to talk to me by phone or neither allowing my parents to talk to him. I wanted to know in such kind of cruelty by my father in law , what legal course i can take so that atleast my son talks to me by phone. pl help me thru your advice.



Learning

 8 Replies

Roshni B.. (For justice and dignity)     23 May 2011

since how many days have both of you been separated?

 

Tajobsindia (Senior Partner )     24 May 2011

@ Author

1.
First you need to gain child custody knowledge. Hence read all the posts here on child visitation / custody.

2. Second you need urgently to hire a ld. Advocate specialising in child custody.

3.  Third you need to file a missing / kidnap Report before your Police Stattion and take signed / stamped receipt from Police Station.

4. Forth you are required to send hand written money order to your wife with two short sentence of love and affection to her and prayer to return back and two short sentence of your fatherly love and affection to your son and desire of your child to be with her natural guardian.


5. Workout anfd file a visitation and child custody suit U/s 12,17,25 GWA R/w S. 151 CPC and FCA against mother of the child making you as petitioner one and your child as petitioner two U/G of your name Vs. State as repondent 1 and mother of child as respondent two and also file a criminal suit in a JFMC  kidnap case against your FIL of kidnapping your wife and child and pray for witness evidences and call principal of the school, Police IO, your neighbours and your parents including you as witness. 


I may suggest HCP as you have been seperate from your wife and child for almost 4 months now and she is held captive by your FIL against child and her wishes !. A plaint has to be worked around it. Only if you manage to get the best brains (ld. Advocate) read with your capacity to institute legal action locally then only immediately file a HCP against your State as first party, Father In Law as second party and his local police station as third party and pray before HC to produce your wife and child before the Court and also pray Lordship take counceling of both spouse in his chamber or direct party after production to refer their story for resolution to HC mediation center before disposing the HCP.
 

adv. rajeev ( rajoo ) (practicing advocate)     24 May 2011

The differences between you and your wife can be solved, it all happens due to difference of opinion. You convince your wife. You take the initiation to do so. Inspite of it if she didn't agree then you have right to take legal action. Dont go for immediate legal action

sandy velan (social coordinator)     24 May 2011

four months

mamta kaura wadehra (lawyer)     24 May 2011

u can file a petition under guardianship Act for d custody of ur son in the court where ur son is now

Ambadas-Unde (Service)     24 May 2011

I agree with Adv Rajiv.

It all depends what one want.   Life is adjustment.  

Legal action should be the last recourse. 

B.K.GUPTA... (ADVISOR)     24 May 2011

The advice of advocate rajeev(rajoo) isquite sensible and perfect you should act accordingly

sandy velan (social coordinator)     24 May 2011

thanks to all


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