Back Case
Author: admin
How to get my child back in case wife has deserted me by putting dowry,domestic violance cases against me?
Hi
I read in internet that I can just pick up my child with help of sociel agency or domestic help and file for child custody immediately in the court. And Court will not touch the phyisical custody of the child till the decision. But When I asked few lawyers they say that it will become a kidnap case on me and against the law. kindly let me know what should I do in this regards.
I have read both your questions & points you have raised.
Firstly your previous question:
The Petition for Restitution of Conjugal rights will definitely be resisted by your wife, by refusing to restore conjugal relationship on the ground of cruelty on the basis of which other criminal complaints such as dowry demand,physical injuries etc she has filled.
She will definitely seek Maintenance Pendillite & Charges for the proceedings in defence of this main petition.
She can even file for divorce or judicial separation in defence of the main petition filled by you.
The question raised by you about her removing herself from your company without any cause hence deserted you may not go well with the family court as her criminal complaint against you were filled first & in defence of these on the suggestion of your lawyer your filled the RCR petition,hence this petition may get dismissed in the trail court.
The counselling in the Family Court hardly settle in reunion of parties, rather these are for settling the issue by making parties agree for divorce by mutual consent after settling issues of child custody & alimony etc.
The Custody of the Child:
Many a times I have posted answers to these type question were I have mentioned the basic principle followed by courts while deciding the issue of child custody is the “Welfare of the Child”, the child of age less than five years usually is best suited to be with mother except in exceptional cases.
The forceful removal of the child now when the court’s order for custody is still not made may not amount to kidnapping as some novice lawyer told you but definitely that will amount to act of cruelty towards both the child as well the mother i.e. your wife.
For the purpose of obtaining custody of the child there are provisions under the Hindu Marriage Act,1955 or the Special Marriage Act,1954 during the pendency of any suit under these Acts,hence application for this issue should be filled by you along with the main petition for RCR.
Even if the complete custody remains with your wife, you shall definitely be granted the visitation rights for the child by the Family court. The issue of custody of child can be claimed by you even afterwards as this issue always remain open till the child obtain the age of majority i.e. the child is 18years after this age the child is free to go & stay anywhere with anyone he/she likes to do so without any order or permission of anyone including the Court.
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