Legal Question in Family Law in India
X the wife and Y, the husband are married since 7 years, As due to harassment and mental torture by her inlaws and husband they separated. They are living separately since last 4 years . X the wife is working in private firm whereas Y the husband is manager in Nationalised Bank. They have a son from their wedlock and the child is living with X since last four years. Y, the husband never bothered to call X or enquire about their son since last four years. A maintenance petition was filed by the X the wife, under Cr. PC and Hindu marriage Act two months back. The first date was couple of days back where the copy of the petitions was handed to the husband-Y, and acknowledgement was taken. The presence of both X and Y were marked by the clerk of the family court and next date was given.
The Next day Y went to the school of the son and tried to get the custody of son from the school authorities. He paid the fees of the next term and tried to convince the school authorities that he is father and wants the custody of the child. But as X, the wife submitted an application 7 months back that the custody of the child should be given to herself, her sister and brother alongwith their photos and signature. So Y, the husband could not get the custody.
Now my queries are as follows :
1. Can Y, the husband can get the custody of the son in any circumstances.
2. Can Y get the custody of son without the permission of the court
3. Suppose Y somehow mischievously succeeds in getting the custody of child and runs away then what steps can be taken to get back the child to X the mother, What legal action can be taken against Y.
4. What are the legal options available to X the wife.
1 Answer from Attorneys
the husband can not get the custody without permission of the court
if he gets the custody through court any how .u can appeal in the high court and u can claim claim the custody back
in your case u have the chances to get the custody as u have brought up the child from birth as well as u r mother rset court and your lawyer have to see
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