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sarfaraz (electrical engineer)     01 February 2010

custody of my 3 years daughter

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?


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 1 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     02 February 2010

U should file a petititon under section 9 of HMA without delay. More over u should admit the same fact that  u r still ready to tae back ur wife alongwith u at ur place of residence. As per as the custody case for child is concerned ur wife has the natural right to keep the custody of that baby up to her age of five years. Thereafter, u can claim the custody but with solid grounds. At present u can claim the meeting rights in the court, where ur wife had file the petition for claim and for ur daughter. For further query u can contact me.  


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