Child Custody

Querist : Anonymous (Querist) 18 December 2010 This query is : Resolved
My wife left me and my infant child(2yrs old female now )in Jan 2010 ,when baby was 14 monts and was not well . She left as i refused to leave my old age parents and after 4 days of leaving home , she filed 406/ 498A on me and my old parents , we are no on bail, having stay on our proceedings by high court. After coming out from judicial custody, I filed section 9 case on which wife got stay as she filed for case transfer to her place....As my baby is too weak and my parents being of old age(70+) are unable to take care , i being the only son and having touring job unable to take proper care. My wife never looked back on baby since she left. Can i file some application in court asking her to take care of the child ?? or can do something so that she can refuse in court to take child so that My elder sister can adopt baby....plz advise urgently

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n.k.sarin (Expert) 18 December 2010
yes you can move application.but you can not give the baby for adoption.

Khaleel Ahmed Mohammed (Expert) 18 December 2010
You can not make any application before the court against her to take care of infant.There is no law to force mother to take care.You can join the baby to any care taking institution at your cost.

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