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Originally posted by : Manoj |
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Dear Sir,
I am working in Indian Armed Forces. I got married in the year 2005 which was love cum arranged. My wife joined me soon after marriage and had been accompanying me to various places as and when i was transferred. I have to financially support my mother and two brother who are still unemployed and are staying at my native place in Assam. My in-laws always use to frame my wife's mind to make attempt of separation in order to get rid of my family. My wife is working as a teacher in Reliance School at Jamnagar and are presently staying along with my daughter and her mother and younger unmarried sister. Her family members started interfering in my family matters and when i tried to reason with them, they started misbehaving with me and stopped me meeting my daughter and even stopped allowing me to talk to my daughter over the phone. I had made many attempts to resolve the matter, but due to her adamant behavior, nothing seems to come online. This incident had occured in Jul 2013 and since then i am not able to meet my daughter. She has not filed any divorce or any other case in the court. She stopped communicating with my family members since then and due to that my mother is fallen sick and her condition is detioriating day by day. I want to take the custody of my child and want to send a legal notice to her for joining her matrimonial home. Please advice me as I am in great mental tension. |
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Your thoughts do not have any logic. You are working in armed forces, and your mother is not feeling well, there should be lots problem to look after your mother, in that you want to take custody of your child? Who will look after child when you are out on duty? Your ailing mother? The whole thing does not make any sense. hitherto,
You cannot get custody of child as the child is very small. Court favors the mother and only she will be given custody of child. At age 7, you can file custody case, where kid will be asked whom she wants to live with, and it all depends on kid's decision whom she wants to go with. At the most you can get child visitation rights, to visit her.
You will need to pay maintenance to your child until she becomes a major.
Collect evidence of your wife working in reliance school and give it to court or else you will have to pay her alimony.
Find ways to talk to wife and negotiate asking her to return to you. She has not filed for divorce, is a good thing.
To be on safer side, send a notice asking her to return to you withing a months time through a lawyer.
My suggestion is to somehow convince your wife to join you to lead happy marital life rather than going to court for divorce as it is nearly a 10 year old marriage and there is a kid out of wedlock. Once any of you enter court, divorce is sure and also headaches will increase and roaming to court halls will become a full time duty. Contested divorce case will drain you out and you will lose time 7-8 years along with false cases which will leave no stone unturned to damage your life.
Contact wife alone, dont take parents etc. I really doubt that you are working in armed forces, people working in armed forces have lots of courage and have high morales, I find it rather hard to believe that you are being taken for a ride by your wife.
Anyway all the best and keep in touch.
