Legal Question in Family Law in India
I was married in 2005 and was blessed with a male child in 2006. My wife after the birth of my son slowly started to presurise me to have a separate family from my parent for which i did not agree. Their parents started to poke her by telling her different things and she started to quarrell with my mother on petty matters frequently. In may 2008 when she returmned from her native village she came to my house and had some argument with my mother and when i came their father and brother picked up some argument with myself and manhandled my mother and myself. I reported the matter in the nearest police station regarding manhandling my family members. After the issue they filed 498A against my family and started to settle scores. I got the Anticipatory bail and from then onwards we were attending the court adjournments for the last two years. I tried to comprimise by agreeing to all their terms but still they were very rude with me saying that we will adhere to the court vedrdict when it comes. I could not meet my wife and son for the last two years i want to see my son for which they are not allowing me even they are not allowing my wife toi talk to me. I want some help so that i can get back my wife and son and whatever has happened was in tension from both the sides and i am ready to look after my wife and son without anyones intervention in our life. How can i get back my wife and son or even if it is not possible then can i visit my son atleast once in a month as he is now 4 years old may be he might not recognise me also. We are loosing our family life due to arrogant behaviour of these elders.
1 Answer from Attorneys
You may file for custody of your son and settle for 'visitation rights' as an interim arrangement.