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kuttykrishna (PM)     17 February 2011

Family

Hi,

I am married and having a four year old kid. My wife is now living in her parents house along with my son. She has told lot of bad things about me and preparing him to hate me. All these tactics are to hold back my son.She is neither inclined to live nor allow me to see my son in his school. She is threatening me and my family. Her father has illegal influence as well and supporting her. Couple of years ago, under her father's influence she was about to file a false dowry harassment complaint and gave up due to lack of evidence. After that, i decided to stay together considering my kid's well-being. Now she is adopting double tactics by keeping my kid as hostage and demanding me to surrender for her needs. She wanted to find a house nearby her parents and forcing me to settle.

I am staying alone in a different city. She was living with me earlier in that city and now moved to her parents place in different city. I want to see my kid and shower him love and affection even if it is for minutes.

Please guide me the legal aspects related to this kind of issue.

Regards

KK



Learning

 1 Replies

Tajobsindia (Senior Partner )     20 February 2011

@ Author

Relief is under civil law.

1. File a stand alone S. 12, S. 17 both of Guardians and Wards Act  R/w S. 151 CPC Application before  a competent Family Court under whose Jurisdiction the child is currently ordinarily residence of.
Pray for visitation of child for each weekends for few hours as that is what you want as per your brief.

2. It will be allowed on 'welfare of child' best interest grounds.

3. Seek assistance of a child custody cases familiar Lawyer.

All the best.

 


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