Who will get custody of child if wife get separate from husband ?
02-Dec-2023 (In Family Law)
I have 2 kids, girl abt 5yrs n Boy 3yrs, my father is gov employee in Assam CIL, age abt 57yrs mom is 49yrs, I'm staying in Andhra, I have Kirana shop in my village (home cum shop) . My mom is staying with us for caring kids n shop. Whenever I talk to mom my wife getting jealous n her mood gets upset. She makes tiffin n tea for me n kids but not for my mom, n my mom didn't told to me About this, when I noticed that n asked My wife she abuse mom in front of me n I get angry n beat my wife. She totally hates my mom. She also attempt to suicide. Now she went to her moms house in Assam, I called her several times but she refused, She wants to live separately with me in town not at all in village. She hates my business . She directly saying that if your parents are there means I will not come. Now what to do? Where should I throw my parents.. Wt Abt my kids future?? Please help.
Sir if u want your wife to return to her matrimonial home u can file Restitution of conjugal rights...stating the reasons why your wife left her home...The reasons for which if the judge is satisfied order wil be issued in your favour
Legally speaking, its her obligation to stay wherever the husband stays. If she refuses to join your matrimonial company, you can get issued a Legal Notice for Restitution of Conjugal Rights. Thereafter, you can decide whether to continue with her or file for Divorce. As far as your parents are concerned, its your outlook how to manage them. Finally, you can apply for permanent custody of kids, though you are not entitled for the boy's custody as the same remains with mother until they attain the age of 5 yrs. But courts will primarily be concerned with welfare, well-being of minor and whoever proves the same before the court, they shall be entitled for the custody.
Dear,
First of all, send a Legal Notice to your wife through a lawyer asking your wife to come back to you to resume matrimonial life upon the condition that you are unable to leave your parents. If your wife mends her ways and accepts your condition and gets back to you good, else, file petition for divorce under the ground of cruelty and proceed further as from your description of the events, your wife's adamant behavior and her intention to keep you separate from your parents amounts to absolute cruelty and citing this may prove advantageous for you in the divorce proceedings. Coming to the custody of the kids, if you approach the court for their custody, you may be denied the same as your wife will be granted the custody of the three kids given their tender age. However, you will be granted visitation rights viz., weekly, fortnightly, daily or monthly to see your kids.
First of all, send a Legal Notice to your wife through a lawyer asking your wife to come back to you to resume matrimonial life upon the condition that you are unable to leave your parents. If your wife mends her ways and accepts your condition and gets back to you good, else, file petition for divorce under the ground of cruelty and proceed further as from your description of the events, your wife's adamant behavior and her intention to keep you separate from your parents amounts to absolute cruelty and citing this may prove advantageous for you in the divorce proceedings. Coming to the custody of the kids, if you approach the court for their custody, you may be denied the same as your wife will be granted the custody of the three kids given their tender age. However, you will be granted visitation rights viz., weekly, fortnightly, daily or monthly to see your kids.
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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