► I am from Chennai and for job purpose I am staying at west bengal - Salboni which is 150 km distance from kolkata. My wife is also working in Bank and she stays at kolkata. I am having 3 year kid. To take care kid my parents came from Bangalore and stay with my wife at kolkata.I use to meet my wife and kid Weekends only. Recently my kid got very much attached towards me. Due to this, my wife could not tolerate and started fighting with me and my parents everyday for simple reasons. She ill treated my parents and told them to vacate house. Meanwhile she handed over kid to her parents. Her parents stay in Andhra Pradesh. Her parents not willing to stay at kolkata. So kid is given to them without my consent .now I m very much worried about my kid. I can see my kid atleast once in three months only since getting holidays is not easy every month and travel from West bengal to andhrapradesh. I begged my wife many a times to change her decision. Now my wife is planning to take transfer to Andhra Pradesh and stay with her parents only .I want my kid to live with me. Please suggest
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1 Answer
Oct 25, 2025
Hello,
Sir, your situation is common these days. The wife will soon file for maintenance and divorce.
Before that happens, you need to do the following;
- Send a meticulously drafted legal notice to your in laws demanding custody of your child. If they do not;
- You need to file a child custody case as against them and get a courts order. Do not go for a Writ of Habeas Corpus before the High Court as it will not work better.
- Before filing of your case, lodge a police complaint as against your parents stating that they have kept illegal custody of your child.
In the meantime, as soon as your wife leaves and goes and stays with your in laws do the following;
- Send her a legal notice, stating that you want her back and to restitute the conjugal life, also add that she sent the child to her parents depriving you of the fatherly affection and care.
- File a RCR case against her before she files anything against you. You can contact me through OLQ for more detailed discussion on this matter.
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