Melancholy (Team Lead) 26 March 2014

Please advice how can i get custody of my daughter

Hi,

My name is Joy Ghosh,

I have been married since 2007 mar,

We are three member family my daughter born on 22 Jan-2009 she is 5 years and 3 months now ,

Problem: Since 2009 , my In laws are continuously advising and pressuring my wife to stay away from my parents

and all my family members. they have threatened me with police complaint me when I protested against their abusive words towards my parents me and my family. They made my sign in a stamp papaer as well in 2011 May in return they said "If I sign only then I can take my wife and daughter along with me" that time I went to their place for a vacation.

I was in Delhi till 2013 Dec with my wife .but at this moment I shifted to Bangalore for a better job opportunity I got.

I was forced to make little contact with my parents and my relatives as my wife told me many times she will file divorce case if the mend or try to come and contact me or my daughter.

My only problem is I cannot stay away from my daughter,

Please advice how can I get my daughters custody in case of divorce filed by my wife and in-laws, in 2012 they all ready made a prank call to Delhi police and that time my wife said she can stay with me but not with my parents nor she want to make any contact with them , My father is 80 he is blood sugar patient , his only wish is she could see my daughter once.. I have requested so many time the same to my wife , but what I got is only cruel word and threatening of killing my daughter and suicide ..

Please advice how can I make sure I get my daughters custody in case of div filed my my wife or Inlaws.

My daughter is 5 years and 3 months

Joy Ghosh

Reply Follow

3 Replies

ANAMIKA VICHARE (LAWYER) 04 June 2014

Gettig custody of daughter is difficult for you as she is in thecustody of yr wife....but you can get visitation rights...but do not flle in the court of law anything for visitation rights, instead talk sweetly to yr wife and take access of yr daughter

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 04 June 2014

If they are threatening that they would kill your daaughter, please record such threats and apply for the custody of the daughter, also put all available grounds.

Though it is tough, but not impossible. In any case, as advised you can surely get visitation for the minor child.

Regards,

Shonee Kapoor

www.shoneekapoor.com

Facebook: www.facebook.com/shoneekapoor

twitter.com/shoneekapoor

Yahoogroups: https://groups.yahoo.com/group/sahodar

If you don't fight for what you want, don't cry for what you LOST.

Adv. Chandrasekhar (Advocate) 04 June 2014

File custody petition and in that ask for interim relief for visitation rights to you and your parents. You will get that relief immediately within six months. For the final relief, by the time the case comes to final arguments, the child will be not less than 8 years of age and her opinion along with the court's approach about the werlfare of child will decide to whom the custody of child goes.