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santosh kumar anand (Assistant Professor)     29 April 2014

Custody/visitation rights of minor sons

Dear Experts,

I got married in the year 2010 and have two sons, aged 2.5 yrs. & >1 yr. My wife got separated from me 14 months back. At that time my younger son was 20 days old. I haven't seen them since then.

Out of 3.5 yrs. of our marriage, for more than 2 yrs. she had stayed at her parental place. I don't have any contact with her since she got separated. This separation is not legal.  

She doesn't let me meet my sons whenever i try for the same and says that she will never let me meet them. I have been trying since then to convince her to come back but she has refused. She is threatening for me legal actions if i try to meet them.

There is no cases pending against me as they have not filed any case.

I am working as assistant professor at chandigarh and my wife is not working. She is staying at her parental place in Jharkhand. 

I want suggestion from learned members about my course of action. Should i file for custody or for visitation rights. 

Waiting for reply...



Learning

 3 Replies

Tajobsindia (Senior Partner )     29 April 2014

On the onset my advice would be to remain as whereis. Reason being the issue if not amicably settled socially is bound to reach Criminal retaliation upon you stage as Jharkhand is so well known of in judicial law circles.

1.    However if separation and not able to see, speak, meet minors of yours are all becoming un-bearable then the most safe litigation is under RCR and under Guardianship Act which are filed after meeting (finding) local Advocate locally.

2.    Under RCR filed by you ,you are praying for restoring your conjugality and directing wife to return to matrimonial home along with two minors.  

3.    Under Guardianship suit petition you are not only claiming custody of your minors but interim you are praying Court to grant visitation. Now how Court will grant interim visitation remains to seen as test of jurisdiction. Hence this petition is filed in Jharkhand jurisdiction where minors are ordinarily found to be living since elapsed separation limitation is outcome resulting in proper jurisdiction.

4.    But, once you file respective suit matters it is natural that if your wife has already made up her mind not to live with you then Criminal Law as well as quasi Criminal Laws she will bundle up and use against you and also pray before superior Court to transfer one of the above suit matter to her jurisdiction. All these are subject to her monetary limits read with advisory circles advices that all these days since separation she is receiving and just need a flare to actuate them.

5.    Hence, weigh logics and then act using legal remedies best available to you read with your sustenance power in this legal maze. Now you may say how? I then suggest read daily minimum 10 discussion sunder Family Law Forum as well as Criminal Law forum and built up basic legal knowledge and then come back and reply to my advice with may be more questions or may be just sit tight  till all these really becomes un-bearable and you want to taste biased women centric Laws!

6.    Ever done SWOT analysis? That is what I would rather suggest you an academician to do currently using just three A4 piece of papers wherein first A4 is yours – second A4 is hers and third A4 is that of minors. That is your actual brief and route the marital material facts will end up into.

{Last reply}

santosh kumar anand (Assistant Professor)     02 May 2014

Dear Tajobsindia

First of all i am extremely sorry for my late reply. Now-a-days it is end of session, so i am busy at college.

Thanks for your valuable reply. I too am thinking on the same lines. RCR is one option which i am looking for. 

But i've certain reservations, regarding their retaliation. If they go for 498A, or Dowry cases than what options do i've. Because if i go for RCR than it is the only option they will be having.

As per your suggestion, I did SWOT analysis of mine as well as my wife. My biggest threat is her being brainwashed by her parents or say being in influence of her mother and elder brother. If i go for RCR than will i be getting an opportunity to talk to her all alone. Because then only i can convince her to return back in my life.

Last time it took me around 8 months to convince her to return back and she was ready, but her attitude changed in just a single moment (The time she talked to her mother).

I have all the SMSes in which she said that she doesn't want to live with my parents. Is it of any help in case of 498A or Dowry cases?

Please suggest me.

santosh kumar anand (Assistant Professor)     21 November 2015

Dear experts, Its almost 5 yrs. of my marriage and 3 yrs. of seperation. No cases filed against me and I too am sitting idle. My question is can I file Habeas corpus for custody or visiting rights under GWA without any legal proceedings for divorce going on? Please guide me as I am seriously contemplating on these lines. I am ready to face the consequences as well. Thanks in advance. Santosh

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