Legal Question in Family Law in India

Matrimonial Issue

Hi,

I am a resident of Delhi. My Marriage happened with a Chandigarh resident girl 4 years back. I have been blessed with 2 children ( 3.5 years daughter & 1.5 years Son). after my marriage my wife has been after complanining about my mother. She has been insticating by my in laws . After a lots of issues, I shifted to Malaysia with my family & started staying ther from this january. I never knew her father had applied a job in haryana government. Presently also she is doing a government job in PSU. Now my wife has left me & started staying with her parents becuase of the job. I love my kids very much. My Question is what I can do & secondly Can I ever get a custody of any one my child.


Asked on 11/30/08, 4:24 am

6 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Matrimonial Issue

you can get the custody of your child, in case you are able to prove that you are capable of taking better care of the child and mother is working and devoid of natural love and affection towards the children. for a court of law, welfare of the child is of paramount consideration. you can also file a petition of restitution of conjugal rights mentioning that your wife is staying along with her kids at her parental house and deliberately not joining your company in malaysia. u may call upon me in case of need some suggestion at 9811284735

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Answered on 12/01/08, 3:35 am
Nandita Haldipur Haldipur Associates

Re: Matrimonial Issue

it may be difficult to get custody as the children are very small. further to get custody you have to prove that it is not in the welfare of eth chidl to stay with mothter.

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Answered on 12/02/08, 8:24 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Matrimonial Issue

The children are too young to be taken care by you. However, you may get "visitation rights" and keep meeting your children regularly. Besides, in the interest of family, it may be too early to think of divorce of separation. If she has gone to her parents place, you may consider giving her a break. The life is not easy for a single woman with two children; If you keep showering your love and affection upon her and the children, you may aim at reunion sooner than later. You may consider proposing her to join you in Malaysia. However, from custody point of view only, the court may never allow you the children's custody for taking them to a foreign country.

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Answered on 11/30/08, 6:25 am
Nasir Butt Nasir Law Associates

Re: Matrimonial Issue

Minors are not allowed to keep out of jurisdiction of court. You are required to reconcile matter with wife.

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Answered on 11/30/08, 8:10 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Matrimonial Issue

It is difficult to get the custody of the child. If you want to get the custody then you have to prove that the welfare of the child is not safe with mother.

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Answered on 12/19/08, 4:28 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Matrimonial Issue

getting custody of such small children is most difficult. Try to settle matter amicably as far as possible

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Answered on 12/04/08, 8:19 am


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