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aryan sinha (engineer)     02 February 2018

What to do

We are married since 4 years now but my wife started fighting with me every-time without any issue and put a allegation on me for abusing and beating her.. her parents are also involved and harassing me mentally as my 3 years daughter is also with my wife and now she has been separated from me along with my child..she is not even giving my child to take me her to my hometown even for a week. i am mentally very disturbed and want a solution for this.I love my daughter a lot and she also loves me but my wife wants to take my daughtewr away from me.  i am feeling like to die. please suggest.



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 4 Replies

RUPESH SHRIVASTAVA (Chief 09827932335)     02 February 2018

if your marriage was solemnised as per hindu rites and rituals you can file an application under section 9 of the hindu marriage act for restitution of conjugal right..if your wife denied to leave along with you you can file divorce petition on cruelty ground...you can also filed an application for handed over the custody of your child ....

TGK REDDI   03 February 2018

Absolutely agree with Shri Rupesh Shrivastava.

I'd like to add:    If one looks for one such wife, one comes across a thousand.

Vijay Raj Mahajan (Advocate)     03 February 2018

Without moving under the Hindu Marriage Act,1955 for divorce or RCR. you can seek custody and visitation right for your minor daughter under the Guardians & Wards Act by filling appropriate petition in the Family Court. Being the biological father and natural guardian, right to seek the physical custody and right to meet the child cannot be denied to you. The Welfare of minor child is always paramount issue of consideration while deciding the physical custody of minor child but right to meet the minor child by either parent can also not denied by the court and always allowed on terms and conditions that it may impose. By this manner the wife will have to follow the court order otherwise she can even loose the child custody by dening the minor child love and affection of the father, that itself will be detrimental towards the welfare of the minor child.

aryan sinha (engineer)     05 February 2018

Thanks Sir for the guidance..


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