Sir, we had an intercommunity marriage in 1992. I am a hindu and she is christian. as there was no issue we adopted a a girl infant in 2004 who is now 7 year old. Due to constant mental harrassement and threat from my wife I left the shared household( registered in my slole name)' in Dec'08 and started living in my cousin's flat in the same city alone. Subsequently she filed a false DV case in feb'09, which granted no protection order as pleaded by her, but granted the custody of the child to her without any mention of visitation rights(probably as I am the owner of the shared household Iam supposedly free to go any time to visit my child).The DV court order is under appeal by me in Session's Court. In the mean time my application for divorce under Special Marriage Act on the ground of cruelty has been admitted by the Family Court, whrerin I also applied for child's custody U/S 38 of the Special marriage Act. The pleadings are over and on our application for interim visitation right the Court has granted me unhindered visit to my shared household and that I can take the child out for 2 hours on afaridays. MY plea to keep the child overnight was strongly opposed by the opposite side.I am in the process of filing Custody application in the Guardian Court now.
The point is that although my wife is a practising christian we adopted the child under Hindu Minorities and Adopton Avt, 1956. My wife had consented to it and accepted undrer affidavit that she is a Hindu by religion and hence fit to give her consent. Certified copy of the said affidavit is in my opinion. After 4 years of the same we admitted the child in school as Hindu(mother's signature is there in the admission form). Now in her written statement to my divorce petition She had repeatedly asserted the she is and was a Christian , which according to me automatcally disqualifies her as an adopting/ consenting party to adoption under Hindu Minorities and Adoption Act ,thus having no right over the child. I shall be extremely grateful if some one can enlighten me with their valuable suggestions regarding this very sensitive situation involving child custody vis-a-vis parental religion and how best to draft my application. Dr. Sandip.