Rights of a father regarding child custody before legal separation

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    • #310

      I have a child who is of 5yrs 3 months age and I have been married since 7 years.

      From the beginning of our married life, we (I and my wife) stay in a separate accommodation from my parents and my mother in law stays with us and was till recently fully financially dependent on me.

      There has been some difference of opinion between my wife and me which aggravated due to support provided to her by my mother in law. We were in a process of Marriage Counseling, when my wife left our home to a rented accommodation with her mother and our son and most of the family belongings. It has been nearly two months since then and they are living separately. I have access to my son. I visit him regularly in the afternoon and spend time with him on weekends.

      The main problem is that our son is cut off from rest of the world. His schooling has been stopped and mixing with other family members has also been completely stopped by my wife. As per her, she needs time to think about the relation and till then she wants the situation to continue.

      My wife is doing a job with small salary and is maintaining most of the expenses by selling gold which was gifted to her by my mother during marriage. The standard of living has also dropped largely which is affecting the health and well being of the child. I have sent money for maintenance of our child but she refused to accept it.

      Till date there is no case in any court and no police complaints against either of us.

      Now my questions are:

      1) Is it legal for my wife to take our son from our house and put him confined in her rented accommodation?

      2) Is it legal to stop the education (He studies in KG Class of a reputed school) and all contacts with the grandparents and other family members of the child?

      3) Can I legally bring my child back with me and continue with the education of the child till my wife makes up her mind about the relation?

      4) What further steps can be taken by me to ensure education, health and safety of the child?

      Please respond at your earliest and help me out

    • #1653

      It is not moral or legal for a custodial parent to stop education and other upbringing of the child, till they sort out their personal issues… you should file court application on this point. at least it will bring them to their senses and put the kid in school again. That’s the minimum that needs to happen.

      To get other things like contacts with grandparnets etc for u may get difficult if they decide to fight in court… u seem to have too rosy view of child custody and litigation…. read up on my blog http://nyayayodha.blogspot.com under child custody visitation link. Join some facebook groups on children rights.

    • #1654

      Thanks for the reply.

      Can anyone tell me specifically that is there any law in India which can stop a father to take his child with him in absence of any court order.

      If they fight it out on court, will that action have any negetive repercussion on the case.

    • #1655

      No their is no such law. If you take your child with you in the absence of a court order, you can do so. But it will aggravate a situation which is probably going to sort itself out within a few months anyway. The education business is serious and needs to be attended to. You can take your son with you and put him back in a school. But be prepared to look after him if you forcibly take custody. Your wife would probably not have a leg to stand on about why she is against you putting your son back in school. So you are safe on that score.

      But you are the best judge of your relationship and where you stand in it. Your wife does not seem to be greedy or vindictive at this moment, but things can change when you start forcing something which she is not prepared to consider.

      Hope it works out ok for you both.

      warm regards

      sanjay mehra


    • #1656

      You try to settle the matter , with help of both of your friends, relatives, be careful with the future of child, he need both of you. Last way is court, initially you have to be calm.

      http://www.jaihindlegal.com 9821387099, 9224799546.

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