Need advice to bring my daughter back
amrita
(Querist) 13 May 2014
This query is : Resolved
I have been married for 12 years. I along with my wife and my 2 kids live with my parents. Suddenly she has pickup a fight with me and started fighting. I have a travelling job and she accuses me of seeing other women with no proof. She belongs to a small town and her exposure to the world is TV. Her mother influences her a lot on a daily basis. Because of her daily fight i called her father to talk to her and pacify her. She even filed a police complaint against me saying that i have threatened to kill her. (sic) Father in law said that his daughter has some mental problem and took her to Mumbai with a promise that i take the kids along and bring her back. Once Ireached her house the whole family fought and i had to run away from their house with my son age 6. My daughter, age 8, insisted that she wants to stay back. My wife has refused to come back. My quesstion to all gentlemen here is my daughter is studying in very good school here and she has missed her school for more than a month. My wife is planning to put her in a low standard school in a small town outskirt of mumbai. Is there a way i can get my daughter back. I do understand that daugther should be with her mother but since her future is going for a toss i wish to bring her back. If my wife comes back i would be happy if she does not then what is the way for me. She can go to any extreme to stay with her parents. She Can even file a physical and mental torture case on me. (The typical cases that indian women do) I have never even raised my voice on her forget raising my hand. If I let her keep my daughter, how can i stop her taking my son away. Please help.
Devajyoti Barman
(Expert) 13 May 2014
Try some tricks to get the child back to your home.
Once she is there you cna refuse to give her back to your wife.
If this is not possible then file a suit under Guardian and Wards Act to get custody of the child. The result of this suit is not immediately gettable.
ROHIT SHARMA
(Expert) 13 May 2014
Dear Mr. Amrita,
1. The solution lies is that you as the natural guardian of your daughter as she being over 5 years of age, you can file a hea'beaus corpus petition in the H.C. under the ground of infringement of the Fundamental Right of The Girl Child i.e Right to Education, since she was abruptly taken away by your wife making the child to discontinue with her studies and this ground is enough for your petition to survive and i am sure that the H.C will see into the issue that a child in the middle of her academic year cannot be pulled out of the school were she has had been attending to her schooling. The court would certainly see the quality of education that the child was undertaking and any standard below that can ruin her future. No matter even the child says that she wants to stay with her mother, the court will in the interest of the welfare and education of the child would restore her custody unto you.
1. If need be you can opt for further private phone consultation with this lawyer.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 09824947971.
E-Mail : lawgate1349@gmail.com.
Rajendra K Goyal
(Expert) 14 May 2014
Agree with the expert Devajyoti barman ji.
T. Kalaiselvan, Advocate
(Expert) 14 May 2014
I too agree with the opinions expressed by expert Mr. Barman on the issue. Legal solution is to file a petition under Guardian and wards act for custody of child.
T. Kalaiselvan, Advocate
(Expert) 14 May 2014
I too agree with the opinions expressed by expert Mr. Barman on the issue. Legal solution is to file a petition under Guardian and wards act for custody of child.
V R SHROFF
(Expert) 14 May 2014
agree with the opinions expressed by expert Mr. Barman.
Custody thru court is lengthy procedure, and mothers are favoured, not father.
paramount interest of child is a major pt.
ajay sethi
(Expert) 14 May 2014
welfare of child is paramount consideration . custody of minor child would be awarded to mother . father can get visitation rights
amrita
(Querist) 14 May 2014
Thank you all for the responses. I do understand that getting the custody of the Girl child would be little difficult but i would like to safeguard that she does not take away my Son also.
1. what is the remedy for that
2. what is she files a case under domestic Violence or Dowry against me. she can do that as she has filed a NC against me in her local place. What is my protection in such case?
3. Can both me and her sign some sort of agreement which safeguards that we do not interfere in each others life and keep the custody of the respective kids with each till we are ready to live together or separate permanently.Is this possible?
V R SHROFF
(Expert) 14 May 2014
Question:::Can both me and her sign some sort of agreement which safeguards that we do not interfere in each others life and keep the custody of the respective kids with each till we are ready to live together or separate permanently.Is this possible?
Ans:: are you dreaming???
Wake up and defend yourself, no other option. son too is below 7
T. Kalaiselvan, Advocate
(Expert) 14 May 2014
On the basis of an application before a mediator available in the District legal services authority, after proper counseling and presenting a carefully drafted memorandum of understanding, you may try to solve the issues amicably provided she agrees to it or else, prepare grounds to defend yourself on the assaults she has already designed to use them against you.
