Legal Question in Family Law in India

Myself & my wife live separate for the past 6 months and my wife had filed a false case agains me for PWDV and child custody as the child was with me when she left and gone. Though we both are working in Bangalore she filed this case inmangalore stating she is a resident there. On 21/7/2010 my wife went near school and picked the baby and later court granted the custody to mother since she is a girl child. Whereas my wife has taken the custody and kept the child with her elder sister who lives in mangalore and my wife is continuing her work in Bangalore and living in a pg. She visits only once a month and child is away from both parents. In this interim custody is it mandatory for me to apply for visiting rights and how can i stop my wife mislead child, me & court by not keeping the custody though she has been granted. In this case can I again file for custody as money is most important to my wife and that's the reason she does not want to leave the job in Bangalore and look for a nod in mangalore where child is under 3rd parties care.


Asked on 10/10/10, 8:35 pm

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you can apply for custody and visitation rights in the court of law. the case needs to be filed where the child is residing.

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Answered on 10/10/10, 10:46 pm
Vishwa Arya Arya & Co.

You file an application for custody before the same court (mangalore) which earlier granted the custody to the mother. Bangalore court may not even interefere once you explain the present arrangement. Your best ground for that court is misleading and depriving the child for love and care of both parents and further that the welfare of child would be better in the care of father as compared to 3rd party be it may mother's sister. Love care and welfare of the father certainly cannot be compared with mother's sister. As an interim arrangement to this application you may seek visitation rights of child from mangalore to bangalore and not for you to mangalore. Ofcourse you will show your readiness to bring the child and leave the child back if visitation is for a wk or more.

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Answered on 10/11/10, 7:34 am


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