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Unfair Behaviour of Wife and in laws


01-Aug-2023 (In Family Law)
Dear LawyernnFrom last 1 year my wife along with my Son is staying with her parents. He and his parent r not Allowing me to meet my Son. Due to same me and my son is distrubedRecently i have met my Son and he told me that in School my wife has Changed his surname to her Family Name. Where as in birth Certificate his name is with my Family nameTill we haven't filed for Any divorce requestIs this Against the Law or notPlease suggest What Should i do. And how will i get free Access to meet my SonMy Wife is professional Worker and she earns between 70- 1lacHow can i get Sons Custody, i earn double of my Wife.
Answers (4)

Answer #1
865 votes
you can file a petition claiming guardianship of your son and simultaneously if you want you can initiate divorce proceedings as well. as far as the change of surname is concerned there must have been some litigation involved to change the name as the same cannot be done by the wife out of her own free will. for further queries please feel free to contact
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Advocate Kartik Krishan Sood

Adv. Kartik Krishan Sood

LawRato Delhi | 100+ Answers
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Answer #2
521 votes
Hi You need to file a case for child custody. In case there was any settlement while taking divorce, the terms of the settlement will have to be looked into. Fee free to get in touch to discuss the case further in detail. Regards Adv. Abhinav Sharma
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Advocate Abhinav Sharma

Adv. Abhinav Sharma

LawRatoDelhi | 700+ Answers
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Answer #3
833 votes
firstly you can send a legal notice after that you can file divorce petition and custody of children because you have earn more than your wife . And you also filed restitution of conjugal right case
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Advocate Amarjeet Kumar

Adv. Amarjeet Kumar

LawRatoDelhi | 25+ Answers
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Answer #4
727 votes
Hi, Going by the limited information provided by you, it is essential to send them a legal notice asking them to give free chit to you to meet your son otherwise legal action will be initiated against them. The legal action may be criminal and civil depending upon what you want from the company. As of now we can first focus on visitation rights from court and if you want divorce petition can follow. As very limited information is shared i suggest, we can discuss it over a meeting for a sane legal advise.
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Advocate Ayush Kapur

Adv. Ayush Kapur

LawRatoDelhi | 200+ Answers
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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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