Legal Question in Family Law in India

Re: question regarding restitution of congugal rights

Yes petitioner can file an application for custody of child in the pending pettion for RCS.

for further clarification feel free to contact on 9892193167,28904722(mumbai).

Re: question regarding restitution of congugal rights

apart from RCR, the husband can also file a petition for custody and even though he would not get the custody but he can certainly get the visiting rights. on the next date of hearing, the judge would try and reconcile the matter and the husband may request the judge for sending the matter for mediation. you may call upon me at 9811284735, to clarify further doubts.

Re: question regarding restitution of congugal rights

yes counsel can appear before the Hon'ble Court but if the court has given instruction to appear both the parties then parties has to appear.

he can file a child custody case but cannot give custody of new born baby to the father till 5 years in case of boy and 7 years in case of girl, and after five years it depend upon the financial status of parents,

but he can file an application for visiting rights only.

simultaneously you can file a case for maintenance for yourself and your child.

for any other advice you can contact at 9891111475

Re: question regarding restitution of congugal rights

For custody he has to file a separate proceeding and he can file it and get visitation rights. For Hearing of such matters it is advisable that both the parties should present themselves as the court may ask for the parties.

Re: question regarding restitution of congugal rights

You are strongly advised to make all possible efforts for an 'out of court settlement' in the interest of your married life and your child.

However, on the first date of hearing, appearance through counsel should be sufficient; and for subsequent hearings the court may issue appropriate directions.

You may file an application for "visitation rights" to meet the child at your wife's place.

The most important aspect of the entire dispute would be providing maintenance for the lady and your child.

You should voluntarily send her sufficient money towards maintenance to avoid court order and to establish your bona fides.