vishak (manager) 05 November 2012

Custody rights

There is false pending cases u/s 498(a) and DV Act aginst me & my family members. My wife has taken away my 4 year old doughter with her and earning nil.However her mother is earning quite well (20 K per month)

Now i want to take custody & visitation rights under GWA on the plea that she cannot maintain my doughter well and give what i can give her.

1) Can i go under GWA on above plea and how court will consider the case ?

2) In pending DV case where she is asking half of my salary (60K per month). weather it would go against me in fixing monthly amount to be fixed by court ?

How should i proceed as i need my doughter back ?

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5 Replies

Never Give Up (Fighter) 05 November 2012

File case of Custody in GWA along with Interim Visitation application immediately.

Let other cases go on...but do not lose contact with the little one.

ADV S PATHAK (lawyer) 05 November 2012

u can get visitation rights.

upto the age of 5 yrs the costudy of minor will remain with mother.

if u prove something like misapropriation of ur funds or valuables by ur wife or her parents then there r chances for u.

u will have to give the expenditure. but the quantum will be decided by judge on merits.

vishak (manager) 06 November 2012

Thanx to all of u.

one more thing

Where i should file this case i mean the court where DV & 498(a) is pending (i.e my wife teritorial jurisdiction) or at my parental home jurisdiction. Will it make any difference ?