Father wants custody of child when wife is characterless
Sudhir Sehgal
(Querist) 17 May 2014
This query is : Resolved
Hi,
My daughter age is 6 years and 8 months. She is staying with me. My wife is characterless and she is having relation with other person. She left my daughter at my house when the secret opened to me after finding the SMS. I have call details as well. I am staying in Haryana and my wife is in Punjab. Please help me with few questions.
1) I do not want to give custody of my daughter to my wife since she is characterless. Is that feasible through court?
2) Can I get divorce on behalf of call details and SMS?
3) Can she file a petition (For custody of child) from punjab when my daughter is staying with me in Haryana, if yes, how is that possible?
4) My wife was working and I helped her to complete BA and B. Ed. Can she get maintenance even if she is able to earn and she doesn't have responsibility of child?
Thanks
Devajyoti Barman
(Expert) 17 May 2014
1. Yes but legal recourse will take time . hence I would advise you take keep the custody with you even if your wife or you stay separately.
2. Yes for which you have to file suit for divorce.
3.No, child custody suit is to be filed from the place where the child is ordinarily staying.
4. If she earns enough then she is not entitled to maintenance.
Rajendra K Goyal
(Expert) 18 May 2014
1) Better keep the child with you, let your wife claim through court.
2) Good grounds, also engage some private detective for gathering more proofs.
3) Child is in Haryana, suit should be filed in Haryana.
4) She will not get maintenance if you can prove that she is earning enough and is able to maintain herself.
R.V.RAO
(Expert) 18 May 2014
agree with sri barman ji and sri goyal ji.
T. Kalaiselvan, Advocate
(Expert) 18 May 2014
Agreed with the experts opinions on the subject issue. For custody, let she come out with a case before the court, then you can challenge her case on the basis of the evidence in your possession about her lose moral character.
V R SHROFF
(Expert) 19 May 2014
Shri BARMAN HAVE COVERED UP YOUR ENTIRE QUERY.
Wait for her to file custody case,at Haryana.
You can oppose with Evidence, at that time.
