Custody of child
Querist :
Anonymous
(Querist) 16 August 2011
This query is : Resolved
I was married with my wife 5 & 1/2 years ago,i have a 4 & 1/2 year girl baby, 10 months ago my father in law took my wife with my permission with him for few days to spent some time with hime & his family,but now they are not sending my wife back, they have taken my wife in their full confidence, she is imposing alleagations on me that i beat her, she does not wanna live with me & demanding divorce , my wife & my inlaws are very quarrel in nature, my mother went at my inlaws home to meet my child , they trated her very badly & misbehaved with her. i have three brother in laws.The middle one is in jail & my father in law & other two brother in laws are on bail in a murder case & most prominent chnces of imprisonment of all of them in that murder case, they are denying
to give me my baby back , sir please help me to get me my dear baby back, they are emotionally blackmailing me.
ajay sethi
(Expert) 16 August 2011
well u seem to have married into a reputed family . make an application for restiution of conjugal rights . if your wife wants to stay with you she will come back to you with the child .
in case your wife wants divorce , the fact that she comes from such a illustrious family will weigh in minds of court in determining who gets custody rights . in any case you cannot be denied visitation rights as you are the father of child
Querist :
Anonymous
(Querist) 16 August 2011
Sir , she is not from a reputed family, they are historysheeters, well can i claim my baby on the ground that future of my baby is not safe in between those history sheeters, she will become like them by living with them.
ajay sethi
(Expert) 16 August 2011
yes i know they are history sheeters . it may weigh in minds of court that father, brothers are involved in criminal activites . but if they are criminals how is your wife to be blamed ?
your best best is to ask for restitution of conjugal rights and that your wife comes back with your daughter
Dr Anil Kumar Singh
(Expert) 16 August 2011
First of all you must clear on the points :
1. Do you want to live with your wife
2. Whether there are chances of your wife coming to home with a compromise.
If you want to live with your wife you can file an application for restoration of conjugal rights and for mediation in Mediation Cell at Dist Headquarters.
If she denies to come with you , you can certainly claim your right over the child , which can not be denied
Querist :
Anonymous
(Querist) 16 August 2011
Sir, can i take my child from my wife forcefully, or from her school, or can demand equal time spent of child with me , means to stay 10 months with me , as child is with my wife from 10 months..
plss guide..
Querist :
Anonymous
(Querist) 16 August 2011
Can my wife file F.I.R against me , if i take my child from her .
valentine thakkar
(Expert) 17 August 2011
Custody is generally decided in favour of the mother. No, U cannot take away your child forcefully. That is an offence.
