Legal Question in Family Law in India
I got married before 4 years and we have a son of 3 years of age. My wife was harassing my mother since from my marriage and her mother was also helping her to harass my mother. So i myself took my wife to her mother's house when i was taking my wife to her mother's home she also wanted to take my son with her but i didn't allow her to take my child with her. Why i have to do this because Earlier also my wife left my house at that time also it was her fault she was harassing my mother though at that time my mother didn't tell me anything that my wife was harassing her. Than one day i saw my mother crying so i asked my mother that why she is crying than my mother told me about how my wife was treating my mother in my absence. Earlier when the dispute arose at that time also my parents and my other relatives tried to explain my wife but she doesn't listen to them and she called her parents and her parents took her with them and thereafter my in-laws defamed my mother very badly they put a false allegation on my mother though everyone in our community knows about the nature of my mother-in-law and my wife even their relatives also because my mother-in-law has broken the relation with her brothers, sisters and even with her neighbors. After 10 moths my wife came back to my house. Thereafter I tried to explain my wife but she doesn't improve her nature and now again she had done the same thing and as a result of that i had to take to her mother's house. Now my question is that i haven't allowed my wife to take my son with her.
1) can she legally get the custody of my child ?
2) What are her chances of getting the custody of my child?
2 Answers from Attorneys
Yes she can get the custody of her child till the 5 years. there after you can get that child back for providing batter livelihood to the benefit of that child.
Not only she may get custody of the child, she may also be entitled to initiate criminal prosecution against you and your mother for committing cruelty and domestic violence against her.
You should try to understand your obligations as a husband; if you do not mend your ways, there are chances you and your mother may face criminal prosecution which may result in a possible jail term for both of you.
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