generally custody is given to mother . you may get visitation rights . welfare of child is paramount consideration . . if your wife is not attending court in spite of issue of summons nor has she engaged a lawyer you can get divorce ex parte
Applied for divorce and need to take child custody
Hi Sir/ Madam. I Manjunathan M working in private company. me and my wife is living separately for 11 montsh we have 2 childrens one is girl baby age 2 years and another is boy baby 5 months old. Already i filed divorce case in court but my is not attaining for summons already 5 summons went to her in that 5 summons she attained only once. Please advice how i can get divorce in case. And almost i have not met my girl child from 11 months and the baby is also not coming to me if i can she the child. and my wife is not giving me childrens to me so how can i get the child custody. Thanks Manjunathan M
Asked 11 years ago in Family Law
Religion: Hindu
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Sir, While visitation rights whether it is possible for me to keep my child 1 or 2 weeks with me and then give to my wife. since me and my children's were lost father and daughter relationship. and 2 years girl baby is not identify me has a father she is not going to any except her family members. Is it possible with out appling for custody rights i can visit my childrens and take them to my home and give her back.
Asked 11 years ago
your wife wont permit you access to child without court orders . if you want to keep your child for 2 weeks or so you need court orders to that effect . you can talk to your wife to convert existing divorce case to divorce by mutual consent
Thanks for your prompt reply and giving advice for my quires How long it will take me receive court order. when i filed divorce case it took me two months serve the summons to my wife and date is giving so long from the for each summons. If she is not obey court order for the custody of child means. many time she is black main me as she will make suicide and many she cut her hands with blind or broke bangles cut from that. In this situation what can i do?
Asked 11 years ago
u have to handle the issue very sensitively, without court order it will be problem for visiting ur children
Sir, Whether applied for child custody will i get the court order immediately or it will take time. whether it is possible my wife can take care of one child and i can take care of one child. When my divorce end with Ex parte then my wife can reopen the case again.
Asked 11 years ago
it takes time . court will ask your wife to file her reply to your application for custody of children . then place your application for arguments . it may take around 6 months . . if exparte decree is passed your wife can file appeal against said order .
if my wife arguments for application then i can get visiting or custody of child like 1 or 2 weeks while the case is running for custody. since my wife playing game with me by having the child in her control. Because the 2 childrens are kids. due to this i am feeling lonelyness, even my parents stayed with me also and i am unable to concentrate any where in work.
Asked 11 years ago
you can request court to grant you visiting rights as you havent seen your children for nearly one year . court will consider your request and pass appropriate orders . chances of getting 2 weeks custody are remote as your children are too young and need their mother . try to reconcile with your wife in counselling
Here her brother and entire family is making a problem and they making more aggressive . if i took my child without the court order to my place then what will the problem i face. due this i am really mad over and i am thinking do any thing for family member wrong. Sorry don't make mistake has i am asking many questions.
Asked 11 years ago
if you took child while your case is pending without court orders your wife will lodge police complaint against you . it may affect your case adversely as far as custody/visitation rights are concerned
and whether it will affects my divorce case also. if i did any thing wrong what is procedure for apply child custody.
Asked 11 years ago
i have already advised you apply for child custody in family court . dont take any extreme step of kidnapping your child . you must have engaged a lawyer . he will guide you
Hello sir sorry for asking question again and thanks for all your response. Their is any option whether i can give complaint against my wife family members. since they are turtarning me a lot. and her brother doing over like he will give child to me. you do anything nothing you can able to do.
Asked 11 years ago
You can file a police complaint to the nearest police station in case she is torturing you. Do not be tempted to bring your child without a court order. Such an act will disqualify you from claiming the visitation or custody of your child ever in future. If your wife is not appearing in the court then the court will sooner or later decide the case against her by closing her right to defence. In order to get the child custody you need to file a separate case for custody. The court may indeed allow you to keep the child with you on weekends.
you should maintain your cool . dont loose your temper . dont be provoked by your wife and her relatives . file case for custody of your child . engage a local lawyer . court will consider your request .
Hello Sir, Already i have applied for divorce case. whether their is any chance to file dowry arrasement case against me and my family by my wife. since she as took all his jewels to her home while she was going to her house and i have only gold which is 40 gm which given to me. at the time of marriage. Thanks Manjunathan M
Asked 11 years ago
she can file complaint under dowry prohibition act if any dowry was demanded before during or after marriage . i hope you have obtained receipt for all the jewelry taken by your wife
Dowry harassment case can be filed notwithstanding the fact that you have already applied for divorce.
she have took all his jewels then how can she file dowry harassment case. if she filed dowry case how i can prove that i have demanded her any dowry. we have tooked all marriage expense for that they given only RS 40000 for marriage purpose it also most took 3 lakhs for marriage. if she file dowry case i can prove that.
Asked 11 years ago
You will get sufficient opportunity to prove the falsity of her allegations. Your defence will be chalked out by your lawyer after perusing the allegations leveled by her. Apply for anticipatory bail as soon as the case is lodged lest you are arrested and put behind bars.
Many time my wife black main me she will get suicide for small issue or silly matters and many time she as cut her hands with blade or she broke the bangles from her hand and then cut her hand. for this situation whether i can complaint in police against her like is black main me for silly matters.
Asked 11 years ago
yes you can.
next time wife tires to commit suicide you can lodge police complaint that she has tried to commit suicide . it is an offence punishable under section 309 of IPC . it is advisable to consult a psychiatrist as your wife needs treatment of her suicidal tendencies