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
You can file for divorce or RCR.
To see child, have to ask visitation rights from court.
Sidhaarth
Responded 2 years ago
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.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
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.
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You may approach family court for visitation rights.
Ankita Jaiswal
Responded 2 years ago
Mentainance depend on court order we r not fix, another remedy file child custody,
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
Pardeep Kumar Dhiman Dhiman
Replied 2 years ago
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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 When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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.]
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