Child custody or visitation Child custody or visitation

2 years ago

My wife has gone back to her parents house along with our 1 year baby, now she doesn’t want to come back until my family apologise to her false accusations of harassment, its been more than a month now but this is not the first time she did this to me, though she allows me to see the child from video calling, i miss holding and playing with my baby physically. I have understood that she has not kindness about my feelings and i have no more respect or affection towards her after i went through this mental harassment.I don’t want anyone to live with me forcefully, it doesn’t matter to me anymore if she comes back or not, i have been mentally harassed and secretly suffering it all alone since i dont want to trouble my mother.How can i save my family from her false accusations complaints and also get custody or visitation rights of my baby? I earn around 30k per month, how much maintenance should i give to her after i file for custody?

Ankur Goel @ Complete Law Shield

Responded 2 years ago

A.30k is not much to worry abt specially if she is also working.

You can file for divorce or RCR.
To see child, have to ask visitation rights from court.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Sidhaarth

Responded 2 years ago

A.As per law till the age of 5 years mother is the natural guardian of the child unless exceptional circumstances exist court will not disturb her guardianship and custody. Being father you can meet with child. File case for guardianship in court and seek interim relief to meet and visit right the child. In case of custody, court does not have power to award maintenance but court can direct you to pay expenses for meeting. For maintenance your wife has to file seperate case. Certain precautions are required to be taken to safeguard other family members.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

View All Answers
A.Hi,
You can approach the court and file for divorce on the grounds of mental agony and cruelty. Seeking the custody of 1 year old baby from the mother is difficult as mother is considered as the natural guardian of children below 5 years of age. You can file for visitation rights in the court.
If you like my answer, please rate me.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
Mother is considered as the natural parent for children below the age of 5 years. Taking the child custody of a 1 year old baby away from the mother would be highly difficult, so it is better to approach the court and file for visitation rights. You can also file for restitution of conjugal rights. Maintenance amount would be decided by the court.
If you like my answer, please rate me.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 2 years ago

View All Answers
A.Dear Sir,
You may approach family court for visitation rights.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ankita Jaiswal

Responded 2 years ago

A.You should file a case for restitution of conjugal rights under Section 9 of Hindu Marriage Act and try to get her back home so that you can play with your baby. Along with that you can also file a case for custody and visitation rights case.
Mentainance depend on court order we r not fix, another remedy file child custody,
If u like my ans PlZ rate my ans*****, thanks
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.आप कोर्ट मे तलाक का मुकदमा दायर कर सकते हैं।
Helpful
Helpful
Share
Placeholder image

Pardeep Kumar Dhiman Dhiman

Replied 2 years ago

?? ????? ?? ???? ?? ?????? ???? ?? ???? ???

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 2 years ago

View All Answers
A.You should file a case for restitution of conjugal rights under Section 9 of Hindu Marriage Act and try to get her back home so that you can play with your baby. Along with that you can also file a case for custody and visitation rights case.

Section 9 in The Hindu Marriage Act, 1955
9 Restitution of conjugal rights. When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. [ Explanation. —Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.]
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconRight to parenting
Dear Client, Your query requires more details to address it suitably. Please revert to us with more details about your query. you can also avail of our paid consultation service to navigate the issue...
question iconGirl child custody
Dear Client, On dissolution of marriage through a decree of divorce, the custody of a child below 5 years of age is given to the mother. As per the Guardians and Wards Act 1890, once a child achieves...
question iconST certificate
Dear Client, In a situation where the mother has the sole physical custody of the child wherein, she has not remarried and the paternal rights remain unclaimed, then the mother is vested with the righ...
question iconHarrasement in the school
Dear Client, The Right of Children to Free and Compulsory Education (RTE) Act, 2009, prohibits 'physical punishment' and 'mental harassment' under Section 17(1) and makes it a punishable offense under...
question iconCan a father who is having the custody file a child custody case to stop mother from taking away 11 yrs old son
Dear client, As per the Guardians and Wards Act 1890, once a child achieves the age of 9 years in India, his/her preference for custody is considered by the Court on appeal seeking custody of the chi...