Child custody after divorce

Querist : Anonymous (Querist) 05 March 2020 This query is : Resolved
Hi Experts,

My Wife eloped for 20 days and returned. Now she does not want to go back to her boyfriend..
My wife is asking for a divorce, and wants to keep the 2 year old kid with her.

What if I grab my kid from her.

What kind of actions can my wife take?
What sort of preparation should I do after getting my kid forcefully?

Thanks and Regards,
Karan

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Raj Kumar Makkad (Expert) 05 March 2020
We are here for legal advice and not for illegal.

Raj Kumar Makkad (Expert) 05 March 2020
It would have been better had you asked the legal procedure to get the custody of the child but you want our assistance for forceful abduction of your child which is against the ethics so at least don'expect such advice from me.

Querist : Anonymous (Querist) 05 March 2020
Well I cannot leave my kid with someone who elopes and returns at her will. Leaving no scope to meet my kid.

Raj Kumar Makkad (Expert) 05 March 2020
None is suggesting you to leave your kin with your wife but come with the legal means. We have not refused you to adopt those legal ways which can be helpful to you. I can advise all those once you change your approach.

SHIRISH PAWAR, 7738990900 (Expert) 05 March 2020
Dear querist,

Even if you snatch kid from your wife. And if she file police complaint, police will intervene and return kid to her. If you adopt any illegal means, you will have to face legal action. You can have visiting rights to your boy.

Regards,

KISHAN DUTT KALASKAR (Expert) 06 March 2020
Dear Sir,
Since your child is too young so it is better to approach the family Court and get an order for child custody on the grounds stated by you in your question.

Querist : Anonymous (Querist) 06 March 2020
Thank you Experts! Can I apporach High court directly to request for my child's custody

Raj Kumar Makkad (Expert) 06 March 2020
No. You cannot directly approach High Court rather such case can be filed before Family Court of the area wherein such child is residing.

Rajendra K Goyal (Expert) 16 March 2020
Agree with the expert, proceed through Family Court for the purpose.

T. Kalaiselvan, Advocate (Expert) 21 March 2020
The child custody cannot be given to you a s per law until the child has completed 5 years of age, hence the action of grabbing the child ways from her may attract crimninal complaint and offence therein on you.
Instead you can file a child custody case on the grounds of her adultery and provide proof before court to this effect, the court may consider your request keeping the child's welfare as paramount.
If she is asking for divorce, you may better enter into a MOU with her on the child custody cae and give her the mutual consent divorce as this may bring all such burning issues solved amicably.
Take time to decide the issue patiently.

T. Kalaiselvan, Advocate (Expert) 21 March 2020
High court may not entertain any such application directly, you may have to apply for child custody case before the family court and once it is dismissed then you can approach high court with an appeal.

Rajendra K Goyal (Expert) 21 March 2020
You said:
Now she does not want to go back to her boyfriend.
Comments:
If you do not want to live with her, try for mutual consent divorce after agreeing with terms and conditions specially regarding kid.
You said:
My wife is asking for a divorce, and wants to keep the 2 year old kid with her.
Comments:
It seems you want to keep kid with you, if she wants divorce, have mutual understanding regarding kid.

Rajendra K Goyal (Expert) 21 March 2020
You said:
What if I grab my kid from her. What kind of actions can my wife take?
Comments:
We never advice for such illegal act. She can lodge FIR against you.

You said:
What sort of preparation should I do after getting my kid forcefully?
Comments:
Better go through legal procedure to get the kid. Do no agree for divorce till this is resolved.