restitution of conjugal right and u\s9 of HMA

Querist : Anonymous (Querist) 06 February 2010 This query is : Resolved
hello sir my name is sarfaraz living in bhuj gujarat india. sir my wife is living with her mother and her elder unmaried sister and elder unmaried 2 brothers at 50k.m. of my home.she went there after being pregnet and to do delivary as per our society on 04.04.07.but after some time telephonic dispute with my sister in law. so my sister in law washed up her mind against me. on 30.06.07. my wife got female chil but they did not informed us to see my daughter and meet my daughter.we got this message by our relative who are living in their area. we went to my mother in law's home to see my daughter but they did not allow us to go inside of their home.we tried to solve matter by social and our caste's leader but they are not ready to compromise.at that time there was good life of my wife and me.sir they have filed case against me as per cprc act 125. but i am ready to live with her near her mother's home.but they are not ready.sir i have not seen my daughter since her birth.now i want to take custody of my daughter and want to take my daughter with my home with my mother and father.i have filled case in district court as per guardian and ward's act.on 08.012.09.sir my mother in law is working in government job and my sister in law is LIC agent and my 2 brother in law are working in private firm. and my wife is hendling beauti parlour. so how can my baby live what is her future at there? sir can i get custody of my daughter and can i get permission to meet my daughter till this case come to oreder?please help me.can i file restitution of conjugal rights act against her?
in which court should i file restitution of coujugal rights and under section 9 of HMA? i am muslim can i file under section 9 of HMA?where my wife has file crpc125 that court is 50k.m. away from my town.there is also same district court in my town.both state and district is same.

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Devajyoti Barman (Expert) 06 February 2010
You can file suit for Restitution of Conjugal Rights but not u/s 9 of HMA but under the Muslim Law before the court of civil judge (junior division)having the territorial jurisdiction of the marital home of your wife.

Raj Kumar Makkad (Expert) 06 February 2010
There are various questions in your quarry. You can meet your daughter by way of permission in the petition filed by you seeking custody of your daughter. There are least chances to get the custody of your daughter because minor children generally get the custody of mother compared to father. You should talk personally to your wife by managing talks outside of the house of your in-laws and should convince her to reside with you. You can file another petition before District Judge seeking restitution of conjugal rights.

Guest (Expert) 06 February 2010
agreed with Mr makkad......

Poonam Upadhyay pathak (Expert) 06 February 2010
Agree with the above opinions of the sir.

Adinath@Avinash Patil (Expert) 08 February 2010
I DO AGREE WITH RAJ.

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