kunal shah (sales manager) 24 March 2013

Custody of my 3 year old

i am married to my wife last 4 years and also have a daughter of 3 year old, due to a fight at home my wife left the house along with my daughter at my inlaws place in another city without informing and now does not come back, my daughter is suffering due to this as all her routine is here in pune and she has taken her to mumbai, i want my daughter back and even her school is here. i dont care if my wife does not want to come, pls tell me what can i do? is it possible to get my my daughters custody.

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(Guest)

You are a Hindu then in your case Hindu Minority and Guardianship Act, 1956 will be applicable.

Section 6(a) of the Act provides that custody of a minor who has not completed the age of five years shall ordinarily be with the mother;

But Section 13(2) of the Act provides that, no person shall be entitled to the guardianship by virtue of the provisions of this Act or of any law relating to guardianship in marriage among Hindus, if the court is of opinion that his or her guardianship will not be for the welfare of the minor;

So you can file a case under section 13(2) of the Act, but you will have to prove that guardianship of your wife will not be for the welfare of your daughter..

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