Legal Question in Family Law in India
My wife has filed false 498(a)/406/120B against me and my relatives with the sole intention of getting me separated. i also have a baby boy aged 3 years presently with her.
(a) Hoe can i get the custody of the boy whom they will spoil.
(b) Give me directions to fight my case as all the allegations are false and full of blunt lies.
(c) If allegations are proved wrong in the court, can i claim criminal case to be registered aloing with heavy compensation.
3 Answers from Attorneys
you can file a petition seeking custody of your child and at the same time if you know that she intentionally lied in her petition and you can prove it, you can initiate the proceedings of perjury against her and the court would direct registration of f.i.r. against her.
(a) There are very little chances of your getting custody unless you may establish that she is disqualified to be a mother for caring the child.
(b) You may consider an amicable out of court settlement even if the terms are little adversely drawn against you. The litigation may be expensive and time consuming and finally you may have to repent.
(c) NO. You may not be able to prosecute her nor you may claim any compensation. Moreover, if she is unable to prove her allegations before the trial court, she may avail the remedy of appeals/revisions in the higher courts. The litigation may take very long.
At the cost of repetition, you are advised to make serious efforts for an amicable out of court settlement.
1) if you file a petition you can get custody if not possible you get visiting right
2) If you are capable to fight then there are several case where the husband win the case
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