Child custody

Facts:---

[1] age of child 20 months wife took her when she was one month old.

[2] 498A is going on, husband applyed for discharge.

[3]Husband won sec 09 RCR and applied for execution of sec 09.now date notice sent date is march 2013.

As the child is 20 months old you would only get visitation since normally upto five yrs custody would lie with the mother hence as the child is just 20 mnths apply for visitation and get aquinted with the child 

Question:

A.    Is it good time now to apply for custody of child, what shuld be the points full custody or visitation only ?

visitation now 

b.    if she refuse to come then it go for divorce? in that case what how husband go for child custody case?

c.    if she show she is capble for her upbringing , then will she get the mainteance of child?

if she gets custody than you would have to pay maintanence 

d.    how we can get her income proof by her own in court?

By calling for her documents under crpc 91 or alternatively hiring a detective and getting to know where she works and summoning her employer and calling for his bank statements 

e.    Applying for divorce is beneficial or not?

your choice as there is nothing more left for her to file as she has already file 498 A :-)

Husband wants:

He is not allowed to see her child, when he goes he insulted and scolded , even he cant touch her, they utter taunting picnching word which hurt his self respect, it is noted that he is falsely traped in 498a case, after that wife came gave birth and agin move back with child , firing lacks of uselss base less allegations on him orally just like talkative lady who is disturbed mentally.

Keep your head cool and record the insults and abuses and produce the same as evidence in the court of law stating that for the child it is not in the interests of welfare of the child to stay with the mother under such circumstances 

Now husband want to take child for two three days in a month or in two month to spent time with the child,

how he apply in what way so that he get it? how much time will court take to give decision?

and what will be predictive order of the court in this case?

In interim application seek for over night access as regards to time nobody can predict but you can always start the process !!