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letsfight (engineer)     17 September 2014

Getting my child back

Hi, MY daughter is 18 months old, when she was 5 months old my wife left her at her native and came to join her office in Bangalore with out telling me, when I came to know i tried to convince her for 2 months than finally she agreed, and I booked flight immediately the night for next day morning and got back my daughter, For two months my wife stayed with me after that she fought and left the house and again dropped my daughter at her native and came back working in her office staying away with me. My daughter have been staying there for last 7 months, in the mean time I have asked my wife either to give me our daughter so that I can take care of her, or else she keep her, she is not doing any of those. She even didnt celebrate my daughters 1st birthday. And when my daughters hand was severly burnt, in that case also she left our daughter at her native where temprature in summer goes till 45 centigrade, and power cut happens for 10 hours. It s Tribal village. with no good facility.


Definitely she doesnot love my daughter, she only using her as bargaining tool with me, my concern is my daughter is deprived of all love and caring what she should get. Please advice me how can I save my daughter from the clutches of these animals



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 5 Replies

ROHIT SHARMA (Legal Advisor )     17 September 2014

1. File a civil suit u/s 10 of Guardian & wards Act, 1890 before the court where the child is currently residing. You will surely be given the custody of the child even if she is infant and on that grounds you may not be considered as her natural guardian, but then you have so many facts that evince that your wife is not capable to look after your daughter.  Your suit will survive.

letsfight (engineer)     17 September 2014

Hi Rohit,
Thanks for responding. Once I get this order, what are the other options that she might try to take back the daughter. Anything else I should prepare for.? At any cost I want to safeguard my daughter.

I have proofs of she not visiting my daughter even once in last 6 months, not celebrating her birthday, even when her hand was severly burnt she left my daughter and came back to office just after one day. While my daughter was with me for 2 months, she was sick for 15 days suffering from cold and fever but my wife never even took a single day leave from office. I used to take leave and work from home so that I can take care of my daughter.I have got all these proofs, will those be sufficient.
or do I need to look for any other proofs.

I was talking to my lawyer but he is insisting to get my daughter to Bangalore by some means than we will produce ourselves before the court for the custody. I will try for that even but not sure how much it is feasible without a legal and administration support. So kind of worried for my daughter. Really want to save her from this sh*t

Adv. Chandrasekhar (Advocate)     18 September 2014

First of all refrain to use foul language against her or her family members as 'animals' and 'sh..'  No one likes such language.  The judges will definitely never like such lanuage and handover the custody of the child to such person who has such proficiency and command on his vocabulary and they flummoxed that what type of culture he would be going to impart to his daughter.  Then put all these things aside, you have got a strong case.  If the child is staying at maternal grandparents house, far away from mother and father, father can get custody by proving two facts - the negligence on the part of the mother and the capacity of the father to provide better living conditions to the child.  The case will be looked into through the narrow prism of 'welfare of the child'.   You have to prove that the child is more secured with you than otherwise.  More often than not, the courts ask you that if you go to your job, who would take care of the child.  On that particular point you have to satisfy the court.  Wish you best of luck.

rebellion (fighting against bias law)     18 September 2014

Agree with Adv.Chandrasekhar on all points

letsfight (engineer)     18 September 2014

Hi ChandraSekhar,

Thanks for your advice, really appreciate it. Will take care of that.The amount of pain she and her family have given me is immense.

Mine was a love marriage, I met her in pune, she was not having job, struggling for three years after completion of her graduation. She told me she doesnt have any support from her parents, her brother who was working and earning 30K/pm also doesnt support. She was like alone no one with her. she gave all emotional story. I helped her financially, till she got a job, I got her a job in the company where I was working, though she was not capable of that, than we decided for marriage, for marriage expenses she said her family cant bear, for that even I gave money. we courted about 4 years before our marriage.Did everything for her, and just after 5 months of my marriage I got a proof that she had relationship with someone else, while we were preparing for our marriage. Even than I discussed with her and accepted her and tried to move on. In the mean time I found that she is giving money to her brother and parents with out telling me, when I asked her she told me that she had got lone from her brother for marriage. I asked their parents not to take money from her with out telling me, but no effect, even after I told them  they are taking money. Till now they have taken near about 3 lakh. For them money is everything.In the mean time my daughter was born, and they decided a name and applied for birth certificate. I am the Father but I am not even informed about my daughters name. I had a big fight with them over this. After this incident we called her many time to come to our home. she denied. and one day I found that she have left my daughter at her native and have come back to bangalore and joined office, that time my daughter was just 5 months old. Neither her parents, nor did she care to inform me about this. I was shocked thinking what would be my daughter situation I persuaded her a lot, as I didn't want to give my daughter a broken family, After two months of persuation she agreed, than at night 11 pm I booked flight for next morning and went got my daughter back. After coming back also she never changed, continued in the same fashion. I and my parents used to take care of my daughter. Even when she left house second time and took my daughter to her native the air ticket which she had booked for my daughter, she had changed her surname to her surname title even. Since she took my daughter, for near about 4 months I was not even able to look at my daughters pictures. I was very scared to look at my daughters pictures even. It used to give me immense pain.

Everything she had told about her was lie, her birthday, her food habit, her relation. She just used me cheated me to get benifit from me, so after all this it is very hard for me to make any neutral openion about them. They spoiled my life, now ruining my daughter life even. What good words can I use for them tell me.

Not sure how do I and my daughter can get out of this. Your advices are really helpful.

I have not done any single thing wrong but wrong things were done with me. So I have decided to fight against this, fight for my daughters right fight for my right and justice.
May God Give me strength and courage to fight it back.


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