Should I Can Take My Son From My Wife With Help Of Law

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1. The mother is considered the natural guardian of the child till the age of 5 years; 2. But in circumstance where the mother cannot take care of the child, then custody can be handed over to the father; 3. Therefore file custody application in the court; 4. Collect evidences as to why the child should be under your care; 5. Before this engage services of a lawyer to help you understand better the custodial and divorce battle.

Dear Sir, You can file child custody case and you will get your son.

What do you want? Divorce or custody of the child. There are penal provisions under the law for such intimidation, but I would not recommend you to go to such extent at this moment, after all she is the mother of your child. What best you can do is to make an application in the court to get a visiting right to meet your child. For safety measures you can give a written representation to the local police about such threats given by her, if you seek the child's custody.

sir she is threatining u... if she will file dowry allegation on u and ur family.. she have to prove.. that u asked dowry.. or u took .. dowry... only case filing is not enough to win the case.

If she is not willing to give you MCD then you can go for contested divorce on the ground of cruelty and desertion which are good grounds for getting divorce. If she has left the matrimonial house of her own free will without any sufficient reasons, she is not entitled to maintenance. Only your child is entitled to get maintenance. As for the physical custody of your child is concern you will have to wait till your child is 5 years unless you have enough evidences to satisfy the court that she is unfit and irresponsible mother. If don't have such evidences then file a petition for visiting right to meet your child during weekends till the child is of 5 years.

This is my response to you: 1. The mother is considered the natural guardian of the child till the age of 5 years; 2. But in circumstance where the mother cannot take care of the child, then custody can be handed over to the father; 3. Therefore file custody application in the court; 4. Collect evidences as to why the child should be under your care; 5. Before this engage services of a lawyer to help you understand better the custodial and divorce battle.

answerd by Adv kavery Anand Bangalore.. sir u can file Divorce case against her.. because anyway she is staying separately from u since 2 years... and along with Divorce petition... file child custody also... now Ur Child is 4 years... it means.. 5th year running... once child will turn 5 complete years of age ... u can take him in Ur custody...