Child Custody
Querist :
Anonymous
(Querist) 28 March 2010
This query is : Resolved
Dear Sir,
I have a child of age 3 yrs. My in laws took my wife and my daughter 3 months back showing me a search warrant, as only since 5 days from 3 months back my kid was with me for a holidays!
Now since that time they didn't let me to talk or to see or to meet my kid. I didn't have any marriage certificate nor married according to Hindu marriage process(Like phere and akshada and mangalashtake). Can i say that my child is illegitimate and ask for her custody? As i consulted few lawyers in Pune and they told me that I can say that i am not married with my wife and only we had live in relations.
In the past one case is pending against me in the court (Since last 3-4 years bur not a single proceeding till date). will it affect on to get the custody of my child to me? Please help me. They all people are totally uneducated and will spoil my kid's future. If any case study like this is available please send it to me!
Thanks and looking forward for your response at the earliest!
Guest
(Expert) 28 March 2010
In the given facts and circumstances, you file a case for custody of the child and ask for visitation rights. The court will consider all your and their points objectively without passion and give order keeping in view of the interest of the child as the most important thing. Some relief would certainly be given to you either in the shape of keeping the custody of the child for some time or visitation rights.
The other points - non-solemnization of marriage, live-in-relationship and illegitimacy of the child will not help you and instead if you press for them, they may go against you.
Wish you happiness.
