Hello all sad soul! This is my first post. I have long history and story to discuss but at the moment I want answer the following, I am confused.
Brief story, We are Indian citizen. We married in 2006. Since then we have been living in UK on student and my wife on my dependant. My baby girl born on November 2006 (right now 4 years and 10 months old). My parents have been taking care of my daughter since she was 1 year old. So, she brought up in India, while we were in UK. My wife hardly spent 16 months with her.
After visa finished, my wife came to India for 2 moths and then went to Hong Kong as she has indefient stay there because of her previous marriage. I came back after ward in India (June 2010) and have been living here. Our original plan was to resided in Hong Kong but she never put up my file.
NOw she is back after a year to India and came to my home 10 pm at night to take my baby with her!! I said,"No". She then after 2 weeks placed 498A, 504,506,114 case on me and my family. Including my sister and brother in law who lives in Punjab!!!!!
She actually threten me before putting the case that I will harrase all of you if u don't give me baby out of court. I didn't so we suffered. I loved her so much and I tried to convience her but she is so stubborn.
She came to India probabley in June 2011 from HOng Kong. She doesn't work and live with her parents in U.P. I live in Gujarat. She filed 498A in Gujarat. She is back in UP
My Baby has been living in Gujarat since she was 1 year old. She in studying in Senior Kinda Garden.
Now my questions:
1. Can she filed the case of the child custody in UP or She has to come to Gujarat? Interim and/or Permanat ? How long each process can take?
2. What is the legal updated age of child according to Hindu law for custody? 5 or 7? I understand that child aged 5 can go with mother normally. I have baby girl and I love her more than my life.
3. Can she claim maintainance for her self in UP?
4. Can I buy any chance ask court to transfer the case in Gujarat as I work here. I have baby live with me. I have retired parents living with me.
Please answer asap and please do only answer if you know for sure. I must need latest information as most of lawyer never give you straight answer.
thanks in advance
Sad Soul!