Legal Question in Family Law in

My wife and I got married in 2003. In 2006 April, we had a baby boy. We have

been living in the same place ever since he was born. His passport address is

still my current residence. In June 2010, he started Kindergarden at a school nearby. In

Aug 2010, I figured that my wife was having an affair with another man. Due to

this, we had a lot of fights etc. And she decided to walk out and go to her

parents place, which is in the same city (Chennai).

She also took our son with her, and immediately admitted him to another school

near her mother's home. Meanwhile, I decided to discuss things with her mother

and told her that I was ready to forgive and forget in the interest of our son

Armaan. I wanted him back, and for that I was ready to forgive her.

She said we should wait for a month or two, let the matter cool down etc. After

2 months, there was no action from their side, while my parents and I were away

from my son and missing him terribly. We would pay him a visit every once a

while, but the distance is way too much and becomes extremely inconvenient.

Meanwhile, my father in law developed cancer of the salivary gland, and during

this period i was very helpful to the family (as a good human being) by

arranging the right doctor and right treatment recommendation. The cancer has

been surgically removed and he has recovered well.

They are now avoiding my calls and requests to meet my son. I have to drive

almost 40 odd km without speaking to them and hope that my son is at home. I

have been sending text msgs to my wife informing that I am missing my son and that

she is depriving me of his company. I only find time in the weekends to go meet

him, take him for games and movies. My parents are dying to meet him, but she is

not letting me bring him home.

I have the following evidences:

1. That she was having an affair (text msgs to him and vice versa)

2. I sent him a mail asking him to stay away, following which her msgs to me

informing me to stay away from him.

3. My text msgs and emails to her pleading her not to keep my son away from me,

and that I need to spend time with him

4. Her msgs in reply indicating that I am overdoing things, and asking me to

stay away.

My son being away from me is making him get used to being away from me and my parents. Meanwhile he is also getting very close to her and her family and becoming more & more depndent on them, thereby making it more difficult for me in case i have to just take him away from there.

Even today, I am ready to accept her back only becos I want my son to have his

original family. I love him. In case that does not happen, I wish to have

custody of him. What are my chances and options..?

My Idea: I've been thinking that I will be nice and sweet and kajol them to let

me take him for a movie. The day i get that chance I will take him back home, where he was born and always living. Meanwhile, I will re-admitt him at the school he was going to near home. As per the record he was always going to this school. That cannot be kidnapping as I am only bringing him back to where he belonged, and was taken away from earlier.

So, at worse, if she goes legally (which then will be the only way for her)...

the law will decide that we get joint custody of the child. And also at

worse, the law will give her physical custody. And may be let me have him during

weekends. I am willing to take that chance.

In case of the above, all the legal work will then ahve to be done by her and

her parents. AND NOT ME. If I have to move legally now, she will get to keep him

until decision is made. I wud rather have her do that work.

I need your advice in this regard. I know I love my son from the bottom of my

heart. I have been a good man and a good human being all my life. And I know

that God will help me.

1 Answer from Attorneys

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