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How To Save Child From A Violent Wife


15-Nov-2023 (In Child Custody Law)
I have a 3 year old son.. my wife is very abusive and gets violent when angry... she also give threats to kill me and to kill son.. due to this behaviour I left my house with my son and started living seperately .. after which she has filed false complaints against me... my wife found out the new place where m staying with my son.. now she is threatening to create a big scene at my new flat and she will take away my son.. How can I get protection from my wife and how can i keep my child safe from her... pls advise.. shall I again move to a new flat.. pls help
Answers (3)

Answer #1
972 votes
According to section 6 of Hindu Guardianship and wards Act, mother is the natural guardian of child up to the age of 5 years thereafter father will be the natural guardian. law commission has given its report on this subject for liberalizing the present concept in deciding the matter of guardianship of child in divorce matters. Generally court gives order of custody of child below the age of 5 years to his mother irrespective of his welfare of child. this report providing equal legal status of both parents with respect to guardianship and custody, so parents have equal right over the child and court should take care of welfare of child and order should be made accordingly. Therefore you can move an application before the family court concerned to hand over the custody of minor son in the interest and welfare of the minor.
Thanks
Answer #2
960 votes
Hello client hru,
I have read Ur query as per which Ur of the view that Ur wife is trying to kill u as well as to Ur son also.
In this matter Ur living seperately now at present with the view that if u live seperately with Ur son then u both will be safe.so u need to talk to a lawyer urgently so I can take a immediate action.
Answer #3
976 votes
you can take police protection for yourself and your son and secondly you can file a case for child custody as well as divorce petition on the ground of mental torture. for further advice you can contact me.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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