Ravi Ranjan tiwary 14 May 2021
Arpita Chauhan 14 May 2021
Respected Sir,
Under whichever Marriage Act you have registered your marriage, under that act only you can apply for the following things in the Family Court which have the jurisdiction
1. If you want to bring your wife back home you can file an appeal for Restitution of Conjugal Rights.
2. If you want to get a divorce, then you can apply for divorce and also make adultery as a clause if she has cheated on you with someone else. Adultery is a valid cause for divorce.
3. For your daughter, if you want the custody of your daughter. You can also apply for that.
I would suggest connect with a local lawyer and it will make things more clear for you.
Regards
Arpita Chauhan
Sankaranarayanan (Advocate) 15 May 2021
First try to solve issues by amicable manner. if its not work out then you can seek remedy by way of file family case with the support of local lawyer..
Dr J C Vashista (Advocate) 15 May 2021
Are you aware where your wife and daughter are living ?
Did you ever talked with your wife ?
What action did you take to bring her back ?
Too long a story to consider and oblige.
I agree with experts opinion and advise.
It is better to consult and engage a local prudent lawyer for appreciation of facts, professional advise and necessary proceeding.
sneha jaiswal 15 May 2021
ANS 1: Hello, Greetings of the day!
For the query you posted, I would suggest that:
a) You may file a case in your district Court for restitution of conjugal rights to get her and your child back.
Restitution of conjugal rights- It is one of the reliefs that is being available to the spouses in distress in the establishment of marriage. It is maintainable for the valid marriage only.
b) You may also file a case for the custody of your child.
Generally, if the child is below the age of five, custody will be given to Mother of that child. But it is more dependent upon the ‘welfare of the child’ that who can better take care of the child. According to it, the Court decides to whom the custody of the child be given.
c) Also, you can file a case for Divorce.
Divorce is the method of terminating the marriage between the spouses. A petition will be filed in the Court of respective jurisdiction or Family Court. If the spouses want to have Divorce with Mutual Consent than, the parties to the case have to prove that they were living separately for more than a year. If one of the spouses is having affair or any illegitimate relation than another ground which is available for divorce is Adultery.
Note: As you have not mentioned your religion under which Marriage Act you have registered your marriage. According to that Marriage Act, under which you have registered your matrimonial union by that only you can approach for the remedy.
Lastly, I would suggest to consult a local lawyer, he/she will better help you with these concerns.
Hope it helps
Best Regards,
Sneha Jaiswal
T. Kalaiselvan, Advocate (Advocate) 17 May 2021
You seem to have endured a long and cruel marital journey so far and added to that is her acts of adultery as stated by you.
Under this circumstances, if you consider that it is no more possible or feasible to continue with this married life with her you can file a divorce case on the grounds of cruelty.
For adding the adultery as an additional ground you may have to produce documentary evidences and also implead her paramour as another respondent.
You may file a child custody case also and her acts of adultery would be a strong reason to decide the child custody case in your favor.