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Parveen Bagga   17 July 2015

Seking of cusdody

Dear all,

My Name is Praveen Bagga i have 6 year son, who is right now with my wife from sep 2013,

i filed a Child custody case on oct 2013 as she already file a Domestic violence & maintenance case in oct 2013 in which she already said that she not able maintain herself and child too so she need maintenance for that, now court gave me order to pay some of amount to her as part of interim maintenance. so my question do i am eligible to get my son custody and how much time it will take as i am paying the school fee since this cases started. and my son performance getting down day by day as she not much educated.

Reply Awaited,

Regards to all,

Parveen Bagga

 



Learning

 3 Replies

Prasad (Systems Engineer)     17 July 2015

Hi Sir... If a wife accepts that she is not able to maintain herself, then she cannot take care of the child also.

 

You can argue this in court and get child custody for yourself.

 

But your 6 year old son is not a toy to use for playing between both of you.

 

Your 6 year old son HAS ALL THE RIGHTS to be with both his mother and father.

 

So, do not file any case for child custody.

 

Put pressure on your wife via elders, friends and relatives to give access to your son to yourself.

 

Keep sending money as much as you would spend if your wife stays with you.

 

Your son is safe with his mother. It is perfectly ok to pay to your wife.

 

 

Then, please talk to your wife and ask her to give access to your son.

 

You do not need any court order to get access to your son.

 

As your son is more than 5 years old, now legal hurdle is also not there even if your wife files a case.

 

Keep asking your wife to come and live with you. Then court also will respect you even if your wife files case.

 

Court is for getting divorces to break the relationship.

 

Court has no jurisdiction to provide persimission to a father to meet his son nor to meet his wife nor to talk to his wife.

 

Let us not allow legal process between a son and his father.

 

If your wife files a case, do not go to the court and humiliate your son's dignity.

 

Demand your wife not to take your son to court.

 

 

Laxmi Kant Joshi (Advocate )     17 July 2015

As she had stated and deposed in the court in her maintenance petition that she cannot maintain herself and the child too, on taking view of this point you can file child custody of your 6 years old son and for his bright future and welfare you will get the child custody order from the court , my personal suggestion is if possible set aside your ego and once more try to solve your differences with your wife for the sake of your son and your married life .

Parveen Bagga   19 July 2015

 

Dear Both,

Thanks for your positive feedback as I already spoke to my wife and offer her to meet once this year lets  we discuses on this matter and try to find the way out but in reply she said my brother & mother doesn’t want me to talk to you as we want to see what court said.

 For the information 3 family member of my wife family is already separated from there life partner before. And there interference too much in to my marriage life.

As my son is with my I always need to school to allow me to meet my son and my wife always trying to stop me to meeting with my son. Since this case started I continually paying the school & other expense in the school.

Regards,

Parveen


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