Legal Question in Family Law in India
Hi,
I am married for past 10 years and have a 6 year old daughter. My wife was working in an MNC till April19 and I am a businessman. My wife suddenly had some health issues in August 2019 and later when we diagnosed it was found that she is suffering from severe depression.My in-laws then came to my place to live for few days to take care of my wife as they were too worried. Let me tell you 1st that we live in a 1bhk rented flat and the agreement is on my wife name and she pays the rent since day 1 and I used to manage all other expense of house including my daughter school fees.After few days my father in law asked to stay at my own parent house for 1 week as there was space crunch for 5 people to stay together. I agree and went but later on he called me to stay there for 2-3 months till my wife fully recover but I refused.After all the arguments I agree to leave the home but I told them I will be coming daily to meet my daughter while coming back from office and stayed at nearby PG only so that I can meet my daughter daily as I cannot live without her. After 1 week they started torturing me by giving excuses that my daughter has slept early at 8pm(which is impossible as earlier she used to sleep around 11). Later on they dint even bother to come and speak to me and send the servant to the door and convey that my daughter has slept. I met my wife 1 day accidentally as ask her to let’s discuss what is the problem but she refused to talk and said I need 3-4 to recover then we will speak.I meet my daughter 3-4 times a week and luckily we spend time on sunday for 3-4 hours as Sunday is my holiday. Till now 5 months have passed and I cannot see any progress or hope.I really love my daughter and don’t want meet her like this for 10minutes outside the door 3-4 times a week and on Sunday for 3-4hours.My in-laws all are staying at my home and do not bother to come out and meet me even once.If I do force entry to my home they are ready to leave the home and take my wife and daughter and said you are welcome to live here alone. I want to know what step should I take ? Are they doing just time pass so that they can apply for divorce after 6 months as 5months have already passed. None of us have taken any legal action till date against each other nor we have had a verbal fight. I did not take any of my stuff while leaving my home even my own jewellery as i expecting things to be fine in 1-2 months only but 5 months have passed. What rights do I have for my daughter as during the lockdown it’s been 26 days I have not met her once and now feeling depressed. I have not been told even once what my fault is and why they are punishing me ?
1 Answer from Attorneys
Just give them a notice through a lawyer for the custody of your daughter, Invite your wife for mediation to the lawyers office. in case you can take you can maintain your wife and daughter then your in laws go out of picture.