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CM32 here married a F33 in 2020. We have a son of almost 11 months old. Just like every other couple we had our shares of arguments but recently after an argument she left the home taking away the child as well without informing anything.
I checked with her family and they confirmed that she has indeed gone back there. I tried to meet her and bring her back but she doesn’t want to and neither is she letting me meet my child stating that she doesn’t trust me and fear of me take away child from her forcefully.
It has been 2 months since she has gone. Neither of us has made any court case or FIR yet. However it is eating me up from inside without meeting my child.What are my legal rights to meet the child? can I send some legal notice that would let me meet my son?
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Si am in same boat as you, i feel your pain man. i do
unfortunately in such cases men have no legal standing.
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ESame boat here man. been 1.5 yrs+ away from my 3 years old daughter. she does not let even have a call with here.
Men dont have any legal options here.
Just keep waiting and silently bear this emotional trauma, which we men cannot even express to others. just keep crying inside
I am just hoping for karma to play out one day .. and things to reverse
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BHave you tried consulting a lawyer regarding this? Because legally if you file a conjugal rights petition, you can at least get some closure and have visitation rights. [Courts consider when spouses leave without any explanation](https://www.scconline.com/blog/post/2024/08/28/complete-denial-company-spouse-without-any-justifiable-reason-amounts-cruelty-constitutes-death-of-spirit-and-soul-hindu-marriage-allahabad-hc/ )
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BNah, even if the wife files a false case, the court can easily figure out that it’s false since it is only given after the conjugal rights petition is filed and not since their time of separation. You will need a good lawyer to argue your stand in such cases however. When i interned under a senior advocate, he got a case where such a case was filed and he argued for the husband and got it dismissed. He showed how there is no evidence, no merit and that it’s filed only after the conjugal rights petition is filed.
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CBut what I have heard from most cases is that as soon as 498A is filed police will immediately put husband and family in jail without waiting for court order. Since it is non bailable offence it becomes even scarier.
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BI’m sorry but as far as I am aware those are very rare and almost never happen as the provision mandates a preliminary investigation and it also be referred to some welfare committee before any arrest is made. Also when such a complaint is filed when there is an ongoing litigation such as the husband seeking conjugal rights he already has legal representation. So that same lawyer can represent him in this case as well if at all he is found guilty of it through the preliminary investigation. I get that fear that immediate arrest may happen because of the news these days but that is not the reality always. Especially with a good lawyer you’re good to go
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QThe situation described in the Reddit post is a complex one with significant legal implications, especially in the context of Indian family law. While I cannot provide legal advice, I can offer some general information about potential legal avenues the person might explore.
Understanding the Legal Framework in India
In India, matters concerning child custody and visitation rights are primarily governed by the Guardians and Wards Act, 1890 and the Hindu Minority and Guardianship Act, 1956 (if the parties are Hindu). The welfare of the child is the paramount consideration in any custody decision.
Potential Legal Avenues
Based on the information provided, here are some potential legal steps the person could consider:
* Filing a Habeas Corpus Petition:
* This is a powerful legal remedy that can be used to seek the production of a person (in this case, the child) who is believed to be illegally detained.
* The person can argue that the wife taking the child away without informing him and denying him access constitutes illegal detention.
* The court can order the wife to produce the child and determine the legality of the child’s custody.
* Filing a Guardianship Petition:
* Under the Guardians and Wards Act, the person can file a petition seeking custody or guardianship of the child.
* The court will consider various factors, including the child’s wishes (if old enough), the parents’ financial stability, their ability to provide a stable environment, and the child’s overall well-being.
* The court may grant custody to one parent or order joint custody.
* Filing for Visitation Rights:
* Even if the person doesn’t seek full custody, he can file a petition seeking visitation rights.
* The court can grant visitation rights to ensure that the child maintains contact with both parents.
* Mediation and Counseling:
* Before resorting to litigation, the person could explore mediation or counseling with his wife.
* This can help them resolve their differences amicably and reach a mutually agreeable solution regarding the child’s custody and visitation.
* Filing a Complaint with the Child Welfare Committee (CWC):
* If there are concerns about the child’s safety or well-being in the mother’s custody, the person can file a complaint with the CWC.
* The CWC can investigate the matter and take appropriate action to protect the child’s interests.
Important Considerations
* Best Interests of the Child: The court’s primary concern will be the best interests of the child. This includes the child’s physical, emotional, and psychological well-being.
* No Automatic Preference for Mother: While there was a traditional preference for mothers in custody cases involving young children, the law has evolved. Courts now consider the capabilities of both parents.
* Evidence: The person needs to gather evidence to support his claims, such as communication records, witness statements, and any other relevant documentation.
* Legal Representation: It is crucial to seek legal advice from an experienced family lawyer who can guide the person through the legal process and represent his interests effectively.
Disclaimer: I am an AI and cannot provide legal advice. The information provided above is for general knowledge purposes only. It is essential to consult with a qualified lawyer in India for advice tailored to the specific situation.
It is important to note that the comment in the Reddit thread stating “unfortunately in such cases men have no legal standing” is not accurate. Men have equal rights under Indian law to seek custody and visitation of their children. The outcome of a case depends on the specific facts and circumstances, and the court’s assessment of the child’s best interests. -
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HSend a legal notice to your wife seeking restitution of conjugal rights and/or custody/visitation rights of the child. If your wife refuses to return or denies visitation, you may proceed to file a case in family court.
The mother is generally given custody of a child below five years, unless it is proved that that staying with the mother is detrimental to the welfare of the child. However, this does not take away the father’s right to be involved in the child’s life. If custody remains with the mother, you can still seek legally enforceable visitation rights, which she will be required to comply with.
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EDo these things really work ? As far as I know that the moment you decide to make it legal, there is a very heavy chance of getting fake 498A etc..
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Cis abusive behaviour of mother and father into account? do courts consider mental harassment I and my family have been through since she used to shout at me and my mother
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HYes, abusive behavior is a consideration when deciding custody of the child. However, you will need to prove the abusive behavior in court. Simply making allegations without evidence will not be sufficient, as it will become a situation of your word against hers, which does not yield any meaningful outcome.
To obtain custody, you must demonstrate to the court that granting custody to the mother would be detrimental to the child’s welfare. Without clear and convincing evidence of harm or risk, it is unlikely that custody will be awarded to you. But irrespective of the custody decision, you are entitled to visitation rights, and the mother must comply with them.
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AApologize to her if you say no violence was involved. Apologize and resolve things. That’s the least you can do for your son.
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AHe is married and there should be no ego. Why can’t he apologize if his wife is upset, he is away from his son. And GTFO
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AIf wife is upset, then she can leave. Why take the child ? Why let an innocent unaware kid be deprived of his / her father ?
Why do men always need to apologise and bend backwards ?
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LPostpartum depression (ppd) is a thing – you need to tread carefully especially because she is a bit vulnerable for the first 2 years due to ppd
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CI have tried my best but even a word out of my mouth becomes an issue for her it seems.
She has created a fuss about being a caring father. and she even blames that I don’t love the son and only have obsession of the child.-
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PShe’s 11mo PPD, of course she will say such things. The moment you take some legal action, you will lose your marriage and most probably your kid. Best bet is to talk to her parents and her and stay patient throughout. I consider my parents the best couple, one of the reasons is when my mom got PPD (after me) my dad stayed with her, got her treated, even though she was violent with everyone. Even in the 90s people recognised that it wasn’t her true self but something else. Hope everything works out for you.
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SIf there is a change, try getting help from elders or your common friends. Once you take the legal route, chances are things will turn ugly. Be sure about your next steps.
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DI don’t know about law but I have seen live situations in my circle….Police and legal etc. should be last option. Mediation is best option at first….try a trusted NGO who handles this type of cases or a mutually respected family elder for Mediation….
Also, protect your assets like house, savings , mutual funds etc as those might be targeted.
Talk to an experienced financial consultant and a lawyer about how to protect your assets just in case things don’t go well in the future….sometimes, time will heal, give it a few months and don’t appear desperate to her….
All the best….hope things to work out for you… -
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PIf you feel that she had no reasonable excuse to leave you, you can file a Restitution of Conjugal Rights case, where you are asking her to come back to you. You can find the details here [https://divorcebylaw.com/restitution-of-conjugal-rights/](https://divorcebylaw.com/restitution-of-conjugal-rights/)
As your child is too young to be with father, it is not advisable to seek child custody, but you can ask for visitation rights [https://divorcebylaw.com/child-custody/](https://divorcebylaw.com/child-custody/)
For further details and clarification feel free to contact us [https://g.co/kgs/aXdQ25Z](https://g.co/kgs/aXdQ25Z)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
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EThey are projecting, because they have taken your son away, and don’t want you to have relationship , so he is controlled only by his mom and her parents.
Does your in-law respect any elders in their family? Then talk to them to talk to your in-law, they will talk to your wife, she is not taking this decision all by herself, without her parents blessing, she is not doing it, so go and attack at the source.
If they don’t come to talk, then talk to neighbors of your in-law, so they will come talk , attack the source, tell them you want to see your son, don’t leave it so easy for them to throw you away, put up a fight.
This PPD does not mean you can’t see your son, she can hide and not talk to you all she wants, but the baby belongs to you 50 percent, so you have the rights, and if you go by the law, by the time verdict comes, your son will be 15 years old, and will not recognize you
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