Legal Question in Family Law in India
1. I was amrried on 29/02/2008. We have a male child with DB as 16/05/2009. My wife went to her parents on 6/9/2011. She threatened for suicide if tryed to contact even on phone. According to the advise of our legel advisors we could not contact at all.
2.She was involved with her BF. The extra ordinary and more than friend indulgence of her BF is clear from her phone record. She used to talk and message her BF, right from 4am early morning to late night 11pm every day. Her phone record is big book of 2000pages just for 95days only.
3.I could not visit my child because of the fear of all these female oriented laws.
4.In Oct'2014 she filed DV case for maintenence. Before our lawyer replied, she filed for 498A just to pressurise me for divorce as I did not want divorce for the sake of my child's future.
5.Now the application dated 25/02/2014, for mutual divorce is pending, the judge sahib has asked to attend on 15/05/2014 again for talk. On 16/05/2014 my child will attain the age of 5yrs.
6.I want custody of my child, as he is not safe with her because of her BF who is a well known cheater.
7. She is very ignorant about child. The child was admited to school by her mother. She used a fraudulent birth certificate of child which she obtained from her city's municipality by filing a flase affidavit about yhe birthplace. I have got the original birth certificate with me as my child was born in govt hospital of my city.
8. Her brother has also commited the same mistake for his child and thr proofs are with me, as his child was also born in my city.
9. She resides with her parents in a smaller city (not even district HQ). Also her parents do not have their own house and are living in her cousine's house.
10. Her brother has bad character. He ran away with girl and this was published in the local news paper their.
11. How and when should I apply for custody of my child?
1 Answer from Attorneys
are you filing for divorce by mutual consent?? if yes then the issue of custody of the child should be decided mutually. once the divorce by mutual consent is disposed it will be difficult for you to contest the case. however if you want the permanent custody of the child apply to the court the facts stated by you may help but the court will keep the welfare of the child in mind before granting the custody of the child. for further query contact 9312411481.
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