A.N.VERMAS (lecturer ) 12 December 2013

Custudy of 2 years old son to father ?

MY WIFE LEFT ME 2 AND HALF YEARS AGO (IN JULY 2011) BECAUSE MY 7 YEARS OLD SON (THEN 4 YEARS) SUFFERED FROM BLOOD CANCER. SHE SAID THAT SHE DOESNT WANT TO SPOIL HER LIFE .BOTH WE ARE GOVT TEACHERS. IN HER PARENTAL HOUSE SHE GAVE BIRTH TO A MALE BABY IN FEB 2012. AT THE TIME OF DESERTION SHE WAS ONE MONTH PREGNANT. AFTER TRYING EVERYTHING TO BRING HER BACK I FILED CONTESTED DIVORCE CASE IN DISTRICT COURT IN JULY 2013. IT IS GOING ON. DURING ITS PENDENCY SHE APPROACHED HIGH TO TRANSFER THE CASE TO HER CITY. THIS CASE IS ALSO YET TO BE DECIDED.

1. NOW I WANT TO TAKE THE CUSTODY OF MY SECEOND SON.

2. I AM ALONE AND TREATING MY ILL SON FROM PGI CHANDIGARH.

3. CAN I TAKE THE CUSTODY OF MY TWO YEARS SON ?

4. ON THE PLEA THAT SHE LEFT HER ILL SON, THEN HOW WILL SHE NORISH THE SECEOND SON IF HE GETS SICK ,WILL THE COURT GIVE ME THE CUSTODY ?

5. WHAT ABOUT THE CONDITION THAT TILL THE AGE OF 5, THE CHILD LIVES WITH HER MOTHER ? IS THIS LAW ?

6. WHAT ARE THE OTHER FAVOURABLE RULINGS,LAW,AND JUDGEMENTS TO SUPPORT MY CASE ?

7. SUGGEST ME THE PREPRATION FOR THE FUTURE .

8. CAN I FILE THE CASE OF CUSTODY IN MY CITY ON THE PLEA THAT I AM ALONE AND NOBODY IS THERE TO TAKE CARE OF MY ILL SON EXCEPT ME.

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A.N.VERMAS (lecturer ) 12 December 2013

1. CAN I GET THE VISITATION RIGHTS TO MEET MY SECEOND SON DURING THE PENDENCY OF THE DIVORCE CASE ?

2. FOR HOW MUCH TIME AND HOW MANY DAYS DURING THE MONTH THE COURT WILL GRANT ME THE RIGHT ?

3. HOW TO PROCEED IN THIS REGARD ?

Simi Salooja (Legal Secretary) 12 December 2013

Dear Verma,

This is very complicated

1. For you to take custody of your infant son, you would have to file another suit for that. You can win the case only under extreme condition, where you have to prove that, she is incapabale of handling the child

2. Generaly the preference is given to the residence of the women, you can apply and ask your lawyer to do his best.

3. yes it is a law that tillthe age of 5 any child lives with his mother.

4 you can file a plea for visitation to your another child... and rest of the details you have to mention in the plea and argue and justify as to why you want to meet him every day or once a month.. in case they are not willing to give you visitation charges...

i suppose, since you already are going thru one contested case, your lawyer is the best person to help youout of this..

Regards

simi