Respected Learned Lawyers,
In my case, my wife took away my 13 days daughter (born on 21/02/2010) from my house to her mothers house with her. She did not wanted to return. On the intervention of the mediator who fixed our marriage, I shifted to his house on rent and called my wife and daughter to stay with me. On the pressure of the mediator, she came and started living with me. She stayed for 6 months and left the house along with my daughter in my absense. Her mother stays at Gaziabad in october 2010.
I tried to pursuade her to come back but all my efforts went in vain. Finally, I filed a case under secition 9 for RCR in Delhi, she delibrately avoided to receive the summons and filed a case under section 125 at Gaziabad blaming me that I ask dowry and to fullfil my greed, I bring my friends to her to have s*xual relations with her. She has been thrown out of the house and is not able to maintain herself and the daughter as she is staying with her widow mother.
Some how, I was able to deliver the summons of my RCR case. She filed an application under section 24 along with the reply. I requested the case to transfer the case to medaition cell and it was compromised that we will give one more chance to each other and will stay together at some rented house and she will withdraw both the cases i.e section 125 and 24.
I shiftet to new house in august 2011and did all my efforts to save the matrimonial life for the sake of my daughter. I even came to know that she had not given the necessary vaccination to my daughter during the time she did not stay wih me. I immediately did the needful.
But again on 3rd February she left the house and again took away my daughter and is not letting me meet her.
Now i want to file the case for the custody of the child. What are the chances. She is merely a graduate and her mother is widow and staying at gaziabad. She has two brothers who are staying some where else.
I am MBA and a govt. servant. My parents have their own house at dwarka. My mother is pensioner and my father is dependant on me.
I can bring up the child far far better than her mother. What are the chances of getting the custody? Where can i file the case for custody
Please advice me ASAP. Thanks for your time and concern.
anudeepsbedi@yahoo.com