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Wife living with child at her maternal place, custody?


09-Oct-2023 (In Child Custody Law)
I had a verbal disagreement with my wife and she called her mother and brother at home. the next date they took her and my child forcibly. i objected to which my wife left a letter accusing me of abusing her verbally, forcing me to leave the home. she is in touch with me over phone (i call, she doesn't) & wants a Divorce & not sure about child custody. I do not want divorce, they wont let me see the child. should i file child visitation case or do something else. please suggest.
Answers (3)

Answer #1
940 votes
Firstly, i would advise you to build your case by writing messages/ emails to your wife asking her to come back and also asking her to provide access of the son to you. However, in the said messages/ emails, do not mention anything about any wrong on your part. Since you have mentioned that you do not want the Divorce, you can file for Restitution of Conjugal Rights and in that move an Application for access to the minor son. Those messages/ emails will help you in that regard. You can also try to involve the elders of the family to reach a solution.
Answer #2
834 votes
Hi

You have equal rights in respect of custody of the child.
You can file petition for custody
You can also go for restitution of conjugal rights to restore your marital life.
Please contact with proper facts of the case to advice you better
Answer #3
988 votes
Nobody can stop you to visit or see your child as you are the biological parent of the child.You need not file any case as such but you can file an FIR at local police station first in case she is not allowing you to see your child

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