498a & custody of child
Sachin manjarekar
(Querist) 23 June 2014
This query is : Resolved
Respected experts,
3 months ago my wife left my house on petty issue that she didn't want to come with me n my parents to our native place,that's also only for 4 days.she took my 2 years old son with her.she hasn't returned till date even after I tried hard to convince her.now she want a divorce n seek alimony.she s living with her parents and not letting me to see my son.I ve not received notice from them.now only way before me to file a case for child custody or visiting rights.but my friends advised me to be calm and wait for their notice.as filing case from my side may result in registering false 498a from their side.I m confused.pl advise what should be my steps.
Devajyoti Barman
(Expert) 23 June 2014
Even if you do not file any case, 498A will continue to be a bright possibility.
Immediately file a suit for custody of child and for restitution of conjugal rights.
At least now if she files such case you can always term this to be counterblast for the suits filed by you.
V R SHROFF
(Expert) 23 June 2014
Write a simple LOVE LETTER, [ OF COURSE REGD AD POST] calling her back, and try to settle the matter amicably.
DO NOT SEND LEGAL NOTICE,
DO NOT MOVE COURT AT PRESENT.
Do not start thinking Court battle now.
As you compelled her to accompany her to your native place, where she never liked to go, or see your paents, it agitated the matter.
Go to her and talk after you post your letter..
Rajendra K Goyal
(Expert) 23 June 2014
Try to save your marriage, proceed as advised by the expert VR SHROFF JI.
ajay sethi
(Expert) 23 June 2014
if your wife wants divorce go for divorce by mutual consent . in consent terms insist on visitation rights . dont file any case at present . settle alimony and other issues amicably
Sankaranarayanan
(Expert) 23 June 2014
yes i do stand with Sri shroof , try to convince her and talk where the problem and solve it, if it leads abnormal then no other way , you follow as advised by Sri Barman
Sachin manjarekar
(Querist) 23 June 2014
Thanks for the advice.meanwhile I went to women's conflict resolution cell.they accepted my application n given me date 4th July.this would be my last chance to settle the matter I think.of course if she come there on notice.if she doesn't come or show no interest to come back in front of councellers, will it be strong point for me while going for divorce?also does court make me to pay alimony n child support while the case is being contested by me.
Dr J C Vashista
(Expert) 23 June 2014
Settle the matter amicably, there might be some trivail issue which can be resolved by sitting togather and talking.
Sachin manjarekar
(Querist) 24 June 2014
Thank you Dr Vashista.I l post again on 4th July.
Biswanath Roy
(Expert) 24 June 2014
Try to save your married life by mediation of your family friends and relatives. Tell it to your wife that if you proceed to divorce your baby's life will be spoiled in absence of father's affection. If your wife wants to live with you at a separate place then arrange for that for her mental satisfaction.
T. Kalaiselvan, Advocate
(Expert) 25 June 2014
Most of the experts have advised you to settle the trivial issues amicably , resume your broken marital voyage, save the marriage. Therefore do not rush with the legal course of action which may bring disaster to your own peaceful and harmonious life which has still not lost the same, decide.
Sachin manjarekar
(Querist) 17 August 2014
Respected experts, all these days I tried to convince her.begged before her.wrote a letter that I l do everything n anything if she returns.I also agreed to live seperately from my parents.but she didn't pay d heed to all my requests.they didn't even allow to come to my son's 2 nd birthday last month.now I m planning to file a case for child custody.I want to know what would b the best outcome of it.and how much time would it take.can it be done on fast track.all these days I could sleep properly.they have taken away my 5 months n every precious moment of it by keeping my child away from me.
