Rights on children

Querist : Anonymous (Querist) 19 October 2010 This query is : Resolved
My wife has deserted me along with my only female child (2 yrs 5 months old)from last 6 months. She might lodge DV & Maintenance against me in near future. I want my baby back. Is there any assurance of getting my child back? what is the process? I heard somewhere that if the baby becomes 5 yrs of age, I can take the child from her. what is the process? What actions my wife can take if I claim my child? Please suggest in detail.

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Devajyoti Barman (Expert) 19 October 2010
There is no assurance for anything in the court of law. Only the legal recourse are available to the aggrieved.
Given the age of the child you are unlikely to get her custody unless you could present a foolproof case to show that her very security is in danger in the custody of the mother. But do not loose heart , you could always file a case for her visitation and it is very unlikely that you would not get such relief.
And yes chances are there that your wife files the cases which you apprehend.

Kirti Kar Tripathi (Expert) 19 October 2010
agree with burman

Rajeev kulshreshtha (Expert) 19 October 2010
I also agree with Mr Barman

pawan sharma (Expert) 20 October 2010
Agree.

Jayashree Hariharan (Expert) 20 October 2010
I would like to add one more info. even if you get the custody of your kid now. you may have to forego her when attains the age of maturity, in case her mother claims her at that time. hope for the best.

s.subramanian (Expert) 20 October 2010
I agree.

Devajyoti Barman (Expert) 24 October 2010
Yes

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