Rajib 26 September 2017

Custody of my 4 years daughter

Hi, this is Rajib. I have lost my wife 3 years back. She committed suicide. My in laws put a case on IPC 304B/498A. Finally judgement came that I am innocent. My daughter is 4 years old. She is now at my in laws home. They are demanding huge amount for return back my daughter. I am working in a MNC company, and my salary is approx 60,000. I can take care of my daughter. My in laws home is approx 100 km from my work place. So week end i meet my daughter. Kindly help me so I can get escape. I don't marry again and I don't want to be. Looking for your valuable suggestions.

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9 Replies

Rajib 26 September 2017

Also let me know on which IPC i can take step against them

Vijay Raj Mahajan (Advocate) 26 September 2017

She's your daughter go and get her, if they refuse, lodge police complaint against them for kidnapping, still if this is not happening, file Writ of Hebaes Corpus against them in the High Court and get the physical custody of your child.

Siddharth Srivastava (Advocate) 26 September 2017

You are natural guardian of your daughter so you are legally entitled to have her custody. You are also acquitted. File case and claim custody of your child and in interim you can claim interim relief to meet the daughter in court or in some public place. You must be required to have great patience to creat, built and maintain a bond. Donot rush to take your daughter forcibly as it may result into inviting several complications. Consult a competent lawyer.

Kumar Doab (FIN) 27 September 2017

You are natural guardian of your daughter.

Record all threats and demand of monies from you, to let you have your daughter. Build irrefutable evidence.

Lodge police complaint and meet higher officials of police.

Proceed further under expert guidance and legal help from a very able senior LOCAL counsel of unshakable repute and integrity specializing in such matters and having successful track record.

whatnot 28 September 2017

Originally posted by : Rajib
	So week end i meet my daughter. .....Looking for your valuable suggestions.

Upon meeting your daughter. just drive back to place along with her.

No cases can be filed by in-laws.

TTake care of her

Kumar Doab (FIN) 28 September 2017

Hope you have a good lawyer. Discuss with your lawyer on your course of action that you contemplate.

Keep irrefutable evidences and unshakable witnesses that your daughter was handed over to you and by herself came with you.

If police complaint is lodged, update them.

(Guest)

Marry again. GIve some money each month to the kid. If they want to take care of expenses, let them. Dont waste life over what happened.

Nobody will call you gandhi if you dont re-marry.

(Guest)

You are natural guardian of your daughter u/Hindu Minority and Guardianship Act as per Section 6 of the Act. Your in-laws cannot keep your daughter away from you as that amounts to violation of custody rights in India. If this problem persists, file an FIR of kidnapping/wrongful confinement against your in-laws u/Sec 359/342 IPC.

As for the demands' part of your in-laws, whatever they demand from you, you keep it in writing from them. That way, later on you can show evidence of their criminal misconduct in unlawfully depriving you from your daughter.

Also approach the MOWCD Child Services Authority in your State. Explain the problem. And let them take up the matter, if they want to. Just DO NOT take away your child by force or enticement, as that would be amounting to kidnapping charges against you.

Consult a local lawyer for advise. If you want to, you can further approach the District/State Legal Services Authorities in the region where you reside.

If there is any further help, you can contact me at basu_kunal@hotmail.com.I will definitely try to help u friend!

Don't worry! Your child will be restored to you sooner than later!

One other thing! Post-recovery of your daughter from your in-laws, file an affidavit in support of claim for custody/access. Include child's full name, DOB, full age, your profession/salary amounts and other detailed particulars such as how exactly you intend to bring up the child. Include these papers in the court file at time of submission.

Follow the advise and good luck!