Wife filed false IPC 498A and left home taking son away without informing
4 years ago
I got married in 2009 to an influential family of a U.P. town and has 8+ years old son. We 3 were living in Mumbai on rent as I am in service and my wife teaching in the same school of our son.
My wife was very aggressive, dominating since start having severe anger issues. Many a times in these years when she lost temper on even trivial issues, she used to get violent, shout, abuse, threaten, lock herself, even causing to hurt herself and me. This led to negativity, quarrels, arguments leading to my mental torture, physical stress. When such incidents happened, I called my in-laws to sort it out and if there has been any medical history, I am willing to help her. But everytime they brushed aside the matter saying her anger is little high, so you let her be on her own for 3-4 days and she will be fine. I kept continuing for the sake of my son, family until Aug 2018 when a similar incident reoccurred where she beat me, I called both side parents to provide the solution to this as it had become unbearable to live under same roof without fear.
Seeing my tough stance this time, my in-laws began to threaten us and also started inquiring about how much money will we give them if to separate. We told them to deal with this amicably, maturely keeping best interest of child in mind rather than dirtying the situation even more with this behavior. Next we came to know that they left my Mumbai home alongwith my wife, son (+ valuables) without even informing me when I was in office.
We got to know that they all are in their U.P. town and within next 3 days filed a false IPC 498A, 323, 325, 504 FIR against me and my 65 years old parents (who never even lived with us) on the basis of fraud medical report manufactured through their local influence. My parents applied for bail in their U.P. town and got it in 4 attempts as my in-laws used lot of their local political connections to obstruct. So, I filed a writ petition in Allahabad HC for FIR quashing based on wrong jurisdiction, false allegations. HC transferred the case to mediation which failed in May 2019 pending final order.
Meanwhile, my wife had come back to Mumbai with my son in Oct 2018 living in a separate home resuming her job, son's studies with me happily supporting son's education. But after HC mediation failed, she has again left Mumbai with my son without informing me and gone back to her U.P. town and uncontactable.
I am extremely stressed now as my son's studies are interrupted and in U.P, his future will get destroyed in that regressive, negative environment. What is the way forward for me now?
1. Apply for child custody - Chances I will get it? Can I apply from Mumbai court? Possible outcomes? Time period?
2. Other options?
All I want is mental peace for both of us and son's bright future. If separation is the way, I am ready for it too but dnt know how to proceed peacefully when opp. party is hellbent on making it dirty and ugly + 498A is still running.
I want you to review the situation and advice both on follow up action on 498A case (considering its in U.P.) and also what to do next when wife has left son without informing?
I am expecting that they will make it more ugly now by filing more cases from U.P. town to harass me coming there again n again from Mumbai.
Regards,.
In a remarkable judgment dealing with interim custody of child suffering in parent’s matrimonial disputes, visitation rights and guardianship, a 2 judge bench of Supreme Court laid down various propositions of law while awarding the interim custody till final disposal by the trial court to the mother. The bench speaking through Justice Vikramjit Sen, lays down very sharp observations and examines various definitions of a ‘guardian’, ‘visitation rights’ and tests the issue from the angle of provisions of Hindu Minority & Guardianship Act, 1956 and Guardian & Wards Act, 1890.In a custody battle between estranged parents, a minor child, who has not completed five years of age, shall be allowed to remain with the mother, the Supreme Court has ruled saying that in such cases child should not treated as a "chattel". The court said that under Hindu Minority and Guardianship (HMG) Act, a father can be guardian of the property of the minor child but not the guardian of his person if the child is less than five years old.
The Court said that there can be no cavil that when a Court is confronted by conflicting claims of custody there are no rights of the parents which have to be enforced; the child is not a chattel or a ball that is bounced to and fro the parents. It is only the child's welfare which is the focal point for consideration. Parliament rightly thinks that the custody of a child less than five years of age should ordinarily be with the mother and this expectation can be deviated from only for strong reasons.
CHILD RIGHTS COMMISSION ACT 2006
http://www.kscpcr.com/eng_ver/actsandrules.php
The Karnataka State Commission for Protection of Child Rights (KSCPCR)
4TH FLOOR, KRISHI BHAVAN, RANI CHENAMMA CIRCLE
NRUPATHUNGA ROAD, BANGALORE-
Such Commissions are situated in Every State
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Bombay High Court
Forum For Fairness In Education An ... vs Union Of India And 2 Ors on 2 May, 2016
Bench: A.S. Oka
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION NO. 84 OF 2013
Forum for Fairness in Education An NGO,
Vs
Union of India and Others. .. Respondents
5 Before we deal with the constitution of a State Commission, it will be necessary to make a reference to the functions and powers of the State Commission. Section 24 provides that the provisions of Sub-section (1) of Sections 13 and Sections 14 and 15 which are applicable to the National Commission are also applicable to a State Commission. Sub-section (1) of Section 13 of the said Act reads thus:
Suneel Moudgil
Responded 4 years ago
various factors are considered while deciding custody petition like financial status, welfare of the child, will/consent of the child, educational status, living standard, place, extra amenities etc
1. if you want to rejoin matrimonial knot, then,
try to settle the matter amicably with your wife involving elders/relatives/friends etc and take her back, and if, failed, file Restitution of conjugal rights petition in the Court,
and,
2. if you want to terminate the matrimonial knot, then,
try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
if failed, you have two options,
one option is to,
file contested divorce on the grounds of mental cruelty, but it will take around 4-6 years, and more
also once you file contested divorce she will surely file/claim
498a complaint (already filed and pending)
Domestic Violence case
maintenance,
so be ready for them too,
and,
the second option is to file Restitution of conjugal rights petition in the Court, to show your bonafide intentions to save the matrimonial tie, however, you can withdraw the same any time,
RCR will work as a safeguard to 498a, maintenance, DV etc
Call/mail for a detailed discussion/understanding