Help for my 5 year old
vaidahee
(Querist) 11 March 2013
This query is : Resolved
Facts:
I am a 35 year old woman, post-graduate, house wife for the last 6 years.
Guy’s mother is working with a reputed firm. She has some mental illness and is/was undertaking psychiatric treatment for the same.
She is extremely stubborn, does not take no for an answer and successfully forces her way in every single thing.
There are many reputed senior doctors in the family who too are highly influenced by her.
Guy is like mother. Extremely stubborn. Physically, mentally, verbally and emotionally abusive. He takes order from his mother like a slave (no exaggeration). Guy has business in south and hence is away from home for 3-4 months at a stretch. After each assignment takes a break of 2-2.5 months and comes down to pune as well.
Guy has sister, well educated and well settled. She has been the one who has initiated the divorce idea.
5 year old son’s possession with me.
All are STINKING rich.
Finally MCD decided. Date in last week of March 2013.
Streedhan and one time settlement not the main issue. Hence, shall keep aside the topic.
My burning issue is my 5 year old son.
Guy’s mother is Fanatic about my son. Living in a joint family with inlaws,I have not been able to successfully voice her weird way of pampering of my son. My son too adores her a lot and I have never tried to bring down that relation nor said anything nasty about them to my son.
However, on the other hand, I am learning that they are somehow either by playing games, through stories and/ or cousins’ talks and examples making him think that he shall be better off living with them. He dearly loves me and even with them if I am not around for a long long time he does cry for me (this I know from the neighbours)
Knowing that I can be emotionally manipulated, Guy’s sister keeps talking to me and finding out what my next plan of action is , and how it would be in my son’s best interest if he spent a lot of time with his grandparents rather than in a day care.
They are so confident about themselves, that they are boasting to friends and relatives that my son will happily go and live with them.
Please advise what action I should take? Legal or otherwise ? Any suggestions are welcome.
I am walking out of the marriage for my son. His safety and emotional stability .
prabhakar singh
(Expert) 11 March 2013
You can move for his custody by a petition before district Judge,although your son has completed the age of 5 years; normally the courts decide such petitions keeping the best interest of the child.
Devajyoti Barman
(Expert) 11 March 2013
Yes as advised above file a custody suit to get back or at least to see the child.
Raj Kumar Makkad
(Expert) 12 March 2013
You should become ready to make the second statement in the MCD only if your son's custody is given to you otherwise you need not to provide divorce.
Raj Kumar Makkad
(Expert) 12 March 2013
Filing separate petition after MCD is also an option but better to settle this issue with the divorce so that your position may not be manipulated.
