Legal Question in Family Law in India

I am asking this question again by providing more details, which I missed in my previous question.

Hi my name is Prashant. I got married about 5 yrs back, in our marriage we had arguments which normally any couple would have, but my wife feels those fights are big issue to her. My wife has stayed with me for just 2 years out of 5 and the rest period she has stayed with my mother in law. We have a daughter from this marriage who is 3 yrs now and I have hardly stayed with her for 6 to 7 months. My wife left the house 16 months back along with my daughter saying she needs a break for a month but she left with all her documents which I found out just one month back, which means she had a plan and has not returned since. In this period she had undergo an operation for which I paid and then she told me doctors have asked for 3 months rest which I wonder is false as it was a small operation, she took up a job in just 45 days of rest without informing me, she has also put my kid in school without consulting me. I always wanted a daughter and never got to stay with her. I have been calling my wife back home and I am trying to get us a counselling but she never shown any interest. The problem is my wife never picks up my call and she almost makes me beg to speak to my daughter and I visit their place once in 2 months or so but when I visit both my wife and my mom in law don't like my daughter coming close to me. My wife after the job refused to take any monetary help from me, she gets around 30000 thousand and she stays in her mom�s house which means no rent. She has never been good in managing a budget as result she does not have money for my kids school fee which I paid and I always wanted to fund my kids school but they never tell me that they have no cash and refuse to even take it from me. Her Mom tells me that she is not a good mother and wants to escape responsibilities. Pls advice what can I do to keep my family together sometimes I feel my mom in law is playing some sort of ugly games becos she talks ill about her daughter to me and I feel she might be doing the same to me in front of her daughter and in worst scenario what are my chances for physical custody of the child. I am more educated and doing well in life, also to add my mother in law has never stayed with her husband and also her brother does not stay with his family. My wife thinks she can do the same and bring up the kid the same way her mother did that is without a father. My wife does not show any interest in discussions over the issue and she has made up her mind to divorce me also the issue they never give me the right picture and they keep lying for everything. Pls help. My in laws where my wife and kid is staying is 1000 km away, also to add my wife had taken BA which she left in 1 yr, and then she took other course for which she got the mark sheets without giving exam she bought them by money. This happened after our marriage and I was not aware that she is going to buy the mark sheets. My wife and my mother in law are part of a virtual firm run by a CA they are Dummy Directors of that firm which I guess is used to evade tax I have no much details of this firm except that this firm exist only on papers. I have asked my wife to exit this firm for our kid but she they do not act on it. I have some amount of proof on the above two. Kindly advise considering all the above, I primary goal is to stay together with my family mainly for my kid, if this does not happen then what are my chances to get the physical custody of my kid which I guess is important.

I have been giving monetary support to my wife until she found a job a year back (I stopped becos she refused to take it from me). I have no restriction to visit my in laws house just that my wife is very cold in receiving me and is not bothered about my relation with my kid. Just to give an example, I had gone to her place with broken leg (fractured leg) on our marriage anniversary thinking she will like it and maybe I will win her back, but she never came out with me for dinner and was upset on my arrival. I am scared I will lose my daughter too


Asked on 4/05/14, 1:30 am

1 Answer from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You may consider approaching the Guardian Court to claim your daughter's full custody or visitation rights.

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Answered on 4/05/14, 3:23 am


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