Legal Question in Family Law in India

Re: child custody to father as per indian laws

(1) Firstly, you all should clear of your mind of any misgivings on the part of the lady; no woman is that bad as we perceive.

(2) Assuming that the lady is finding it difficult to adjust herself in the new environ, try to give her more space and tone down your ego. A clash occurs only when one person does not get enough space; may be she requires more space than you expect; or may be she is wrong in her attitude out of ignorance;

(3) If you finally find that the lady is really really bad and is unadjustable, but out of love for the child you are still willing to bring her back, then first forget her bad behaviour; perceive her as a party of the family and bring her back. THAT IS THE BEST OPTION. Try to give her maximum love and affection and RESPECT. She is the "status symbol" of your family.

(4) Even in worst situation, at least at this stage, do not try to initiate any legal proceedings like legal notice, or divorce etc. DO NOT even consider any legal options.

(5) Always keep communication channel open. Write her very good affectionate (FULL OF LOVE AND PRAISE FOR HER) letters. Keep sending her small small gifts. Keep visiting them as often as possible. Whenever you visit their place, always go with some gifts, however, less or more costly these may be.

(6) Also keep meeting her parents. Not only your brother, but you and other family members also should increase your inter-action with that family. Try to visit them and meet with them on ALL OCCASIONS. Festival season is coming. Try to do your best during all the festivals as per ritual/custom of your area/caste .

RIGHTS - he is entitled to visitation rights to meet with his son periodically - may be once or twice a week.

But before that, you should keep sending her maintenance amount for herself and the children.

Do not wait for the court to pass an order for her maintenance. Try to avoid litigation. Keep her pacified by sending maintenance without asking so that she does not have to go to court against you. Remember, some of your actions may amount to "domestic violence" and she may be instigated to initiate proceedings against you.

In the end, I would repeat that try to cool down the situation with tact, love and affection. Change your feelings towards her and increase your respect level for her in your mind.

Re: child custody to father as per indian laws

your brother can file a petition for restitution of conjugal rights. In general case the custody of a child up to the age of five years is being given to the mother but in exceptional cases the court has allowed the father to take the custody of the child.

for further clarification and guidence call on 9892193167,28904722(mumbai)

Re: child custody to father as per indian laws

your brother needs to file a petition for restitution of conjugal rights, popularly known as RCR and also a petition for custody of his minor son. though the chances of getting custody are not great but he would certainly get meeting rights i.e. he can meet his son on the weekend and the visiting rights may also extend for keeping the child with him for saturday and sunday. you may call upon me at 9811284735 in case u want to clarify any doubts.

Re: child custody to father as per indian laws

File a case for child custody. Though it is difficult to get custody of such a small child the Father may ask for visitation rights and file a case for restitution of conjugal rights.