Legal Question in Family Law in India
child custody
my wife is residing with her parents since one and half year. the efforts made by me through elders for restitution of conjugal rights are in vein. my daughter aged 9 years residing with me. my son aged 7 years residing with her mother. iam willing to accept my wife if she comes at any time. But iwant tom have custody of my son immediately to save him to lead a degnified life. Is there any leagal support to my case as per previous judgements?
3 Answers from Attorneys
Re: child custody
You may need to come out of your list of "WANTS" and understand your legal rights and legal responsibilities arising out of marriage and the relevant family laws.
To use the mildest possible words, I would say that your statement, "I am willing to accept my wife if she comes" is highly improper.
You may need to develop your mind for leading a healthy normal married life and understand how to treat your life partner.
Meanwhile, if your wife is not having 'sufficient source of income', you should start providing maintenance for her and the child as your standard of living.
If possible, you should try to avoid litigation and make efforts to reach an amicable out of court settlement.
Re: child custody
As per law, when your child grows 7 years then the father has right instead of mother.
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Re: child custody
You are request to file a suit for retitution of conjugal right and if she refuse to come then you can transfer it to divorce.You can also file a suit for custody
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