• Father right to meet children without divorce

I have a daughter 3 yrs & son 9 years.My wife tried to kill me when i was sleeping & now staying with inlaws with children.I love my children very much. But they are not allowing me to meet my children even though we ve not yet gone for divorce.I regularly pay their monthly expenses.I didnot cased against my wife as she is a mother of my children.I can hurt myself but not others.
 My inlaws through out their life does nothing and has aim to njoy the life at my money.I am ethical & educated.I married a poor family girl without dowry & any demand.I dont drink smoke & not a cheater.I hd taken care of my wife & her family properly.I educated my wife for further study MBA.But the problem start when her youngest sister husband asked dowry for marriage.My inlaws sold theur house & my wife blackmailed me to give 3 Lacs else she will suicide.I have given 1 Lacs & all my wife jewellery.Now my inlaws & my wife threatening me for property.Attempted 3 times to kill me,Blackmailed to suicide.Now they are not allowing me to meet my children till i dont bow in their demand.I want to know whether they or police can stop me meeting my children without divorce.My kids are my life.it is realy a wrong to be right in society.Can i take my childs in my custody & go for a second marriage to takecare of them.How this kind of women are getting ridoff from law?Always Husband is not wrong.
Asked 6 years ago in Family Law
Religion: Hindu

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16 Answers

File petition seeking joint custody of your children 

 

2) court would award you visitation rights at least 

 

3) you cannot remarry during subsistence of your marriage 

 

4) you can divorce your wife then remarry 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

See you can file for custody of children on ground of suicidal nature of your wife and not proper welfare of children with her along with interim visitation rights.

File a complaint against wife and in laws in police station for intimidation for property and wife for sucide.

On ground of cruelty file a divorce on family court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can take permission from court for visiting your child.  Or take police help in this regard. 

If you like for legal separation file a case in family court for this. You can also claim custody of your child. 

You can also file case for divorce if you think this as a right choice. 

In every situation you always have preference over your spouse for having custody of your child provided age of your child is above 5 years. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

You can file for custody as well as visitation rights before court  you will be granted the same

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Dear Sir,

Yes, there is a way you can take custody of our son in India before the divorce. File a petition under The Guardians and Wards Act and Hindu Guardians and Minority Act

Child custody and maintenance law are based on the principle of best welfare of the child, the parent with whom best welfare of the child exists is allowed the physical custody and other parent is given visitation rights for the child. The issue of child custody is up to the age of majority which is 18 years. The financial support of the child is responsibility of both parents and both are supposed to provide for it in proportion of their own income or financial status.

If it is contested divorce irrespective of the fact who requests or initiates divorce the custody of 3 years kid will go to the mother. Father can ask for unlimited visiting rights. Regarding custody of 9 year old boy you have custody rights. In case of mutual consent divorce both of you have to decide about custody and let the court know.

The custody of a boy or an unmarried girl below the age of 18 years and above the age of 5 years shall be given to the father of the child as he is considered to be the natural guardian and only after his death, the custody shall be given to the mother.

Before divorce you cannot marry another women as it is a punishable offence. It is better to go for Restitution of Conjugal Rights case first. If inspite of  court orders your wife refuses to stay with you then it shows that you are sincere in your effort to save your marriage. If conjugal right is not restored within one year of getting the RCR decree, the aggrieved party is eligible to get divorce.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

You cannot enter into a second marriage without giving a divorce to your wife. In case you wish to move out of this marriage, you need to file a divorce against your wife on the ground of mental cruelty and desertion.

As regards to the custody of your children, file a habeas corpus petition in the Calcutta High Court. Contact a local lawyer for filing this writ petition. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Hi, it is advisable to register a FIR against your wife and in-laws for threatening of false allegations..Also suiCide is a offence ,which you should report to police ..You cannot perform second marriage without getting divorced..You can file for custody of child in court 

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

1. I wonder why you did not lodge complaint against your in laws when there was attempt on your life.

2. Now it is not too late and hence o the same and then file a suit for divorce.

3. File a suit for custody of the children as well. The criminal antecedents of your in laws if established in court would help you to get back your children.

4. During the pendency of the suit you can apply for visitation rights of the children as well. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

You can file section 9 RCR  if she not contest then court may award you exparte RCR. execute this RCR decree on her and if she does not return to cohabit with you within one year from the date of awarding of the said decree then you can file a petition u/s 13(1-A)(ii) of the H.M.Act, 1956 seeking divorce on such grounds of her not honoring the decree. If she does not appear during the proceedings the divorce decree can be awarded ex-partee. 
She cannot claim any maintenance while you file such divorce petition nor would she can claim alimony. 


After the dissolution of a marriage,custody of a child can be given as Joint Physical Custody Both parents will have legal custody, but one will have the physical custody (child resides with him or her) and will be the child's primary caretaker and other gets Visitation rights.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

if you had made a police complaint when your wife attempted to kill you? if no, you did a mistake, anyway,

now first of all lodge, a police complaint against wife/in-laws for the harassment caused to you, 

take custody of your child forcefully and let them go to court for claiming custody,

else move to court to take custody,

 you can't remarry until awarded a divorce decree.

file divorce on the ground of mental cruelties

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

You can file a child custody case seeking custody of yor children and visitation rights in the same case as an interim relief to meet your children periodically till the disposal of the child custody case.

You have all the rights to meet and talk to your children but if they dont allow you into their house, then you canot enter into their house and if you do so they may file a case of criminal trespass against you.

Hence better adopt legal steps alone to avoid being trapped for  illegal acts.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Yes you can stay in live in relationship file for.custody of.your children.  The baby shall have right on your properties though he shall be as illegitimate child. Yes it is legally acceptable.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You cannot have un registered marriage during subsistence of earlier marriage 

 

2) your wife can file case of bigamy’ against  you under section 494 of IPC 

 

3) you can have discreet affair 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

Dear Sir,

Without divorce to the first wife, the second marriage is a punishable offence.  It is better to go for divorce and get child custody. You need to accumulate the evidences and then proceed.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

The baby will be Illegitimate but she will have all rights in yoir property

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Living with another female without marriage is not an offence and the children born out of this relationship are your legitimate children which cannot be disowned.

There can be no legal problem in this except if you are marrying her during the subsistence of your marriage.

You may go for legal action agaisnt your wife in case they are repeating the same mischief and crimes against you.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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