handing over of daughter to father

As per law if the child's age is less than 5 years, the mother can claim for physical custody and father can have a visitation rights. But after the child has crossed the age of 5 years, the physical custody and up bring of the child will be considered by the court.
A parent can claim the custody of the child under Section 7 and 17 of the guardianship Act.
Section 7 thereof deals with “power of the Court to make order as to guardianship” which reads as under:

“7. Power of the court to make order as to guardianship.

—(1) Where the court is satisfied that it is for the welfare of a minor that an order should be made—

(a) appointing a guardian of his person or property, or both, or

(b) declaring a person to be such a guardian, the court may make an order accordingly.

(2) An order under this section shall imply the removal of any guardian who has not been appointed by will or other instrument or appointed or declared by the court.

(3) Where a guardian has been appointed by will or other instrument or appointed or declared by the Court, an order under this section appointing or declaring another person to be guardian in his stead shall not be made until the powers of the guardian appointed or declared as aforesaid have ceased under the provisions of this Act.”

 

6) Section 8 of the Act 1890 enumerates persons entitled to apply for an order as to guardianship. Section 9 empowers the Court having jurisdiction to entertain application for guardianship. Sections 10 to 16 deal with procedure and powers of Court. Section 17 is another material provision and may be reproduced hereunder:

“17. Matters to be considered by the court in appointing guardian.—(1) In appointing or declaring the guardian of a minor, the court shall, subject to the provisions of this section, be guided by what, consistently with the law to which the minor is subject, appears in the circumstances to be for the welfare of the minor.

(2) In considering what will be for the welfare of the minor, the Court shall have regard to the age, s*x and religion of the minor, the character and capacity of the proposed guardian and his nearness of kin to the minor, the wishes, if any, of a deceased parent, and any existing or previous relations of the proposed guardian with the minor or his property.

(3) If the minor is old enough to form an intelligent preference, the court may consider that preference.

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Originally posted by : aijaz ahmad khan
	I have daughter about 6-years with my ex-wife. She is not handing over the daughter to me though she got re-married two years ago. I am paying maintenance charges too . She doesn't allow her to meet me, nor allow her to talk to me on phone . Can I approach S.S.P of the area to get my daughter back

This is not a wrong advice from law perspective.

Police wont do anything. You will have to approach court of law to get child custody. Till that is decided your daughter will be 13 or 15. That is real issue here.

Anyway she has remarried.  She has new one now. How much attention she will give to old child if she gives birth to new child? Is highly debatable topic.

Usually women like these simply wont be able to give attention to both kids, old one and new one.  The new dad might adopt old kid or might throw her on the street.  Beating etc will be common.

Instead of approaching court and police which are of no use in this matter. Only one lawyer will make fees.  Better go to wifes place get the kid and take it with you.

If wife wants let her file case in court and take custody.  As she is 6 years old kid, if she says she wants to stay with dad, then court cannot give custody to wife.