Legal Question in Family Law in India
Sir/Madam,
I would like to share my info with you. My son is 11yrs old and also my wife has gone to abroad 2yrs back without information of mine and my son back due to misunderstanding. Me and my parents only taken care about my son. She came august 2011 and told me over phone, I would like to stay along with you and our child. I trusted her words but she came and stay only one week and done some problem again she went back to her relation house along with my son. Now she is not working. I am in good position; I want to get back my child.
When she was in abroad, I spoke with her, at a time she created tension for me, I used some bad words few times but I am not remembering. She recorded those conversations and cheating me. I am well educated and professionalize.
I have applied divorce and 3 private notices have sent. But she didn't receive. The current status is court has given steps for x-party
After, she has taken my child. I have registered compliant against her into the ladies police station. The inspector got written statement for us. But, she didn�t obey, again I have compliant to the same police station, the inspector suggested me to file the petition to the court. Can I file the petition against her to the court for child custody?
She doesn�t� have parents too and also she is staying alone with my child.
Please advice sir, what I will do next.
Regards,
BaLa
2 Answers from Attorneys
yes, you can approach the court and file a petition for custody of your son. in these circumstances, you may stand a better chance to get the custody. you may also file an application seeking interim custody of the son pending your petition.
yes you can file a petition for custody of your son in the court