Legal Question in Family Law in India

child custody to father

My separated me with my 11 year old son and 5 year old daughter, 18 months back. Despite of my repeated efforts, she and her brother is turning deaf ears to my plea. they don't allow me to speak to their kids. they claim. All their demands are on my money. Now, i am intending to file a custody suit. what is my chances of getting my kids. my wife works now as teacher with less salary and she has replied in her legal notice, that she is suffering to maintain the expenses. she had even mentioned she may go for asking maintenance from me?she left of her own, in that case, should i pay maintenance if she demands legally?.i am more worried for my kids life and education. please let me know, what & how should i do to get my kids safely. it is almost 18 months now, kids might have been brain washed, so what will happen if they are forced to tell the court that they want to stay with her mum, even though i am sure, they love them (when i meet them 4 months back, they were so affectionate and lovely). Please help me


Asked on 5/20/08, 12:11 pm

5 Answers from Attorneys

Re: child custody to father

Father is the natural guardian of children who are of 5 years and above,so you have better chance.Your wife may claim maintenance for children who are otherwise joint responsibility of parents,so in case of maintenance she also have to contribute.Claim of maintenance has nothing to do with the facts that she herself left your company.In case of need contact with details,professional charges are applicable.

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Answered on 5/20/08, 12:53 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: child custody to father

You may surely get visitation rights to meet your children;

Maintenance : You should immediately start making some payment towards maintenance of the children; the payment should be made in the name of your wife by writing a letter that the money is being sent for the children;

you should also meet the children in their school - through the teacher or the in parking lot.

try to avoid courts/litigation; stay in touch with your children; and try to find an amicable solution of the problem;

efforts should be made to solve family matters with the mediation of friends and relatives; and by giving space to other other person; try to remove her grieviance and tender genuine apology if you had hurt her unintentinally; you two are the best care taker of your children's life; and are practically their world; try to compromise for their sake at least.

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Answered on 5/20/08, 11:00 pm
Sachin Sangare Private Practise

Re: child custody to father

First of all if you want your wife and kids back, living with you. File a Restution Petition for Conjugial Rights against your wife stating that she left her matrimonial home wihthout any rime or reason. Also, state that you want your wife and kids to stay with you. If your wife really is greedy after money and does not want to stay with you, you can ask for custody of the children.

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Answered on 5/20/08, 11:36 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: child custody to father

You can file petition for restitution of conjugal rights. You can pay maintainence for your children until custody of your children

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Answered on 5/21/08, 4:44 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: child custody to father

You have got a good case.

You are surely entitled to get the visitation rights to be in contact and meet your children.

As far maintenance is concerned start paying it immediately in the name of your wife but it should be clearly specified that the maintenance is for the children.

I would strongly advice you to settle the matter amicably.

In case of need please contact personally.

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Answered on 5/22/08, 10:02 am


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