LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Prabal Pratap (director)     22 January 2014

Wife filed for divorce

Hello Experts ,

My wife left home along with 6.5 years old son for Diwali vacation to her parents . After leaving she stopped communicating to me . I have made several attempts to meet her but her parents did not allow me to see her/ talk to her . i was also now allowed to meet my child . 

I kept on trying and finally i sent her a notice stating the whole events ( my efforts to see both her and child) and she should get back to me otherwise i will file RCR . She responded that she needs 3 weeks time to make up her mind , meanwhile on second visit and after several attempts i could finally see my son but they have twisted his mind by that time and he is not ready to see me or talk to me . 

I am very close to my son and i was doing all the parental duties while he was here . His mother was irresponsible and never took any care for him . I have maids , driver , neighbours ,school who can vouch for me on record.  The reason for our difference was also this , i always wanted her be more responsible for the child but she never gave him his due. She is also undone with treatment for OCD ( obsessive compulsive disorder ) and depression for over three years. 

now after my notice she filed for Divorce and my son is her custody . she is claiming outrageous alimony amount which is  approx. 75 times my annual income. After receiving the divorce notice I have filed RCR. Now following are my questions:

 

  1.  How can I get custody of my child ?
  2. Does it make a difference if under pressure he tells in court that he wishes to be with his mom ( age 6.5)?
  3. What about my visitation rights? Can I meet him every day without any interference ?
  4. In Divorce petition she had made the allegations which are false and I can prove all wrong with solid evidences , can this help to get child custody ?

  5. I have sent the notice before she has filed the divorce but filed the RCR after her filing of divorce , does it makes my case weak ?

  6. Is there any way I can make them come back to my city on the bases of “best interest of child “?

 

Please help.

 



Learning

 6 Replies

Dr J C Vashista (Advocate)     22 January 2014

  1. Contact local lawyer and file petiton for custody of the child ?
  2. Nothing is impossible, be mentally prepared, if the boy, under pressure tells that he wishes to be with his mom ( age 6.5).
  3. Yes you can get visitation rights but can not meet him every day. It may be on specific days of week/holidays/vacations/festival or any occassion.
  4. In Divorce petition if she had made the allegations which are false and you can prove all wrong with solid evidences , this will hardly affect divorce case, since both the cases are different in nature.
  5. If you have sent the notice before she has filed the divorce but filed the RCR after her filing of divorce , it does not make your case weak

  6. Amicable settlement of differnces, discussion and intervention of elderly persons, relatives, common friends can make them come back.

Biswanath Roy (Advocate)     22 January 2014

Before giving my opinion to your query I need some clarification of the facts narrated by you . Those are namely :-

1. It reveals from your statement that your son is aged about 6.5 years at present that indicates you might have married your wife about 8 or 9 years back then why your wife filed this Divorce petition against you after a lapse of long nine years of her conjugal life?

2. Birth of a child out of your wed lock indicates that your wife had love with you but suddenly what has been happened that made her to take a decision to stay at her paternal house leaving you alone ?

3. What made your son to avoid you otherwise ? Do you think that only due to mother's teachings your son behaved with you in some other manner who in fact a boy of 6.5 years and as such has consciousness? 

3. Why your in laws are not behaving with you properly which you deserve as son in law?

T. Kalaiselvan, Advocate (Advocate)     23 January 2014

  1.  How can I get custody of my child ?  You have file a petition under guardians and wards act, contact a lawyer,

 

  1. Does it make a difference if under pressure he tells in court that he wishes to be with his mom ( age 6.5)? Yes it will make an adverse impact to your petition if he states so before the court.

 

  1. What about my visitation rights? Can I meet him every day without any interference ?  You can get visitation rights but not on daily basis.
  2. In Divorce petition she had made the allegations which are false and I can prove all wrong with solid evidences , can this help to get child custody ?  Divorce petition is different but you can make use of the evidences for child custody case.

  3. I have sent the notice before she has filed the divorce but filed the RCR after her filing of divorce , does it makes my case weak ? No, you make your case strong by weakening hers.

  4. Is there any way I can make them come back to my city on the bases of “best interest of child “?  except to put up a stiff fight before the court.

  5. Even now it is not late.Amicable settlement of differences, discussion and intervention of elderly persons, relatives, common friends can make them come back. Try it.

Biswanath Roy (Advocate)     23 January 2014

I appreciate to the question answers of Mr. Kalaiselvan.

Prabal Pratap (director)     27 January 2014

Dear Mr. Biswanith ,

 

1.    It reveals from your statement that your son is aged about 6.5 years at present that indicates you might have married your wife about 8 or 9 years back then why your wife filed this Divorce petition against you after a lapse of long nine years of her conjugal life?

 

Yes we are married since 2005 so approx. 8 years now . We had good and bad days in our marriage but overall I was trying to adjust with her nature , in this bid my parents had to stay away from us after retirements . The prime reason for our difference was her lack of responsibility and when my son started going to school it became even more important . I use to do everything for him and she was completely on her own , when I pushed hard and told tis to her parents it became a big issue . All of a sadden I was accused of having an afire and she started fighting ignoring her mistakes . when things went bad to worst she left the house.

 

2.    Birth of a child out of your wed lock indicates that your wife had love with you but suddenly what has been happened that made her to take a decision to stay at her paternal house leaving you alone ?

The way I see it as long as I was not complaining everything was honk dory but the moment I put my foot down she could not cope up and left .

 

3.    What made your son to avoid you otherwise ? Do you think that only due to mother's teachings your son behaved with you in some other manner who in fact a boy of 6.5 years and as such has consciousness? 

She and her father did not let me see my son for 60 days , I have visited their house 20+ times during this time but could not see my son . I believe both her father and she had put a lot of pressure on him to say what is says now. Even after I met him they never left us alone and always kept the kid with them and shown him from the distance.

 

4.Why your in laws are not behaving with you properly which you deserve as son in law?

 

It is surprising for me too but I guess they believe their daughter more than me . She said all the wring this about me and they believed her.

 

 

Biswanath Roy (Advocate)     28 January 2014

Mediation through well wishers and relatives is necessary considering future life of your son.  Try to indoctrinate her by application of your executive acumen and skill.  Sacrifice your ego and adjust yourself  with with the deficiencies of your wife to come back to a happy marred life again.  Hope you will be successful.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register