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 has left my 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?

Asked on 9/10/09, 7:52 am

2 Answers from Attorneys

Prabhat Shroff Shroff & Company

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The question of custody arises only when either you are divorced or are legally seperated; however, during pendency of marraige, you may file an application in court for custody of your son, giving all details of your wife's behaviour and her frequent absence from the matrimonial home. If the wife does not have an independent income of her own to support the child and you can prove this; you may get legal custody of your son.

Answered on 9/10/09, 8:07 am

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