Legal Question in Family Law in India

If wife is pregnant and leaves the matrimonial house due to the normal wear and tear of marriage life. And very importantly it was the fault of the wife. As Wife had treated her mother-in-law with cruelty. After marriage wife never respected her mother-in-law in spite of that my mother never complained to me and after leaving her matrimonial house both wife and her mother had defamed her in-laws especially her mother-in-law. Everyone in our society knows that wife and her mother is at fault. Mother-in-law of a husband intentionally took her daughter so that after the birth of a child both wife and son can stay at her mayaka as wife has only one sister and no brother. Maternal Uncle of husband had also tried to convinced wife and her mother but they don't want to send their daughter though they sent three persons from their side to compromise and interestingly all the three person supported us they indirectly said that it was their fault. so i want to know that what are the chances of a father to get the custody of his child ?

Thanks


Asked on 9/02/09, 8:40 am

3 Answers from Attorneys
Nandita Haldipur Haldipur Associates

if teh child is small than it is difficult for father to get custody but he can get visitation rights

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Answered on 9/02/09, 9:12 am
KAMAL GROVER

Try to patchup coz normal wear and tear usually happened.

If even then not agreed then file a case under section 9 of HMA after birth of child.

Regards

plz provide your location.

[email protected]

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Answered on 9/02/09, 10:39 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You seem to be obsessed by her relationship with your mom and not with you. She is your wife and has married you not your mother. Your behaviour may amount to cruelty against her and you may also be guilty of domestic violence. If you are neglecting to provide her sufficient support, you may also be guilty of 'economic violence'. Therefore, it is better you start immediately providing adequate support for her and the child to avoid any criminal prosecution / jail term.

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Answered on 9/02/09, 7:48 pm


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