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prabhu   27 April 2019

Wife denying access to my child

I was an NRI. Married in late 2013. Before marriage I told my wife that I will accept the proposal only if she would come abroad with me. She said ok. I arranged passport and visa for her. But after marriage she refused to come with me.

I had no option but to return back from abroad as our parents were forcing me. She was not even willing to come big cities like Bangalore/Chennai where I can work. Had to stay in my hometown. Wife living separately wih her parents for four years since she conceived in 2015. We have a daughter born in 2016. I tried many times to convince her tocome back. She kept telling that she will come later. I have been visiting them every week.

Two months ago I asked her to come back or else take a decision. She said she wont come forever and that she needs divorce. She is also not allwoing me to meet my child. 

I havent tortured her or done anything wrong. She wants to live with her parents and wants me to come and live with them if I want my child. I  I tried this option too but didnt workout for 2 reasons. One, there is no scope for any earnings/career there and two my in-laws harass me too much 

Filing a divorce case is not an option because I am sure she will not consent to it.

What are the legal option to gain immediate access to my daughter?



Learning

 5 Replies

Dr J C Vashista (Advocate)     28 April 2019

Try social pressure and find out some amicable settlement (either way).

It would be better to consult/ engage a local prudent lawyer with relevant facts/documents for better appreciation, guidance and proceeding.

seshadri vikrala ( Asst.Security Commissioner/Group 'A' RETIRED)     28 April 2019

To my account, you have to file divorce petition through a recognized advocate duly pin pointing all the information which your wife and her parents have chosen to keep you away from your child and your wife declining to come with you to have a separate house set up with your child... Just telling something is not suffice, your efforts made so far to request your wife to come back and stay with you and her refusals should be authenticated with some proof of evidence, oral and documents, witness... So also about her refusal to part with your child... Child support and cooperation to win over and come over to you is most important... Which otherwise may turn against your behavioural pattern towards your wife and child, rash and bad, ugly and objectionable movements to her parents house, misbehaving,etc... Added some more fuel like alcoholic, etc may give plus points with your earning capacity and spending... She herself wanted a divorce, this is what you have written....

seshadri vikrala ( Asst.Security Commissioner/Group 'A' RETIRED)     28 April 2019

To my account, you have to file divorce petition through a recognized advocate duly pin pointing all the information which your wife and her parents have chosen to keep you away from your child and your wife declining to come with you to have a separate house set up with your child... Just telling something is not suffice, your efforts made so far to request your wife to come back and stay with you and her refusals should be authenticated with some proof of evidence, oral and documents, witness... So also about her refusal to part with your child... Child support and cooperation to win over and come over to you is most important... Which otherwise may turn against your behavioural pattern towards your wife and child, rash and bad, ugly and objectionable movements to her parents house, misbehaving,etc... Added some more fuel like alcoholic, etc may give plus points with your earning capacity and spending... She herself wanted a divorce, this is what you have written....

P. Venu (Advocate)     28 April 2019

You have the option to file an application for Restitution of Conjugal Rights; but filing RCR could lead to some adverse action on the part of your wife.

Have a Heart Foundation (Sales & Mktng)     02 February 2021

A Survey is being conducted for Reforms in functioning of Family Courts in India.

Separated Parents in Child Custody / Visitation disputes are requested to participate and fill the form in link below.

Our Children Deserve Better


https://docs.google.com/forms/d/e/1FAIpQLSfb-7gq8lVMUed9PQqkMV3gYCb5TC5WgH5wMKV0uaJB-Rc9yQ/viewform


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