Hi,
My wife has recently filed for Child custody (inerim and final) and visitation rights for my 3 years-10 months old daughter.
Can anyone please share knowledge on what could I do to rebute her claims of child custody (interim or final) keeping in mind the following...
1) She left the matrimonial home on her own.
2) After a week, She initially left my 3 year old daughter crying at my father place and fighted with my family members.
3) Then I took care of my daughter along with my uncle and aunty for about 2 months. In the mean time she filed 498a, crpc 125 final maintenance for her self.
4) After two months of leaving my daughter, she filed section 97 to take my daughter back and we gave her on pursis saying that they will compromise and would return for compromise in one month along with daughter.
5) They did not come for nearly 10 months in court proceeding under section 97
6) Finally court issued notices to them and in final judgement under section 97, court gave my dauther back to mee which was by this time admitted to school by them (I already admitted her into school before giving her to my wife thinking that she would compromise before the term starts) and was 3 years and 10 months old. Court in its judgement cleared that child's welfare and custody can't be given in section 97 as father is a natural gaurdian also and hence the appeal is dismissed.
7) Hence since around one and half month the daughter is with me and I am planning to enroll her in a different school.
Can any one pleasel let me know how to contest the case as neighter she nor me have much proof ecept that we both have enrolled her in school (I first enrolled when she left the daughter and she when daughter is with her on pursis in a different school for one month and continued the school or 10 months and not joining the pending proceedings). She has alleged that I am drunkyard, not keeping child well etc. etc.