Legal Question in Family Law in India

I and my wife have been married for two and half year and have nine month old baby girl. Around a week back we had a fight and she left home with the baby alleging that my family used to harass her and I used to beat her regularly, which is not true. I am thinking of talking of her and resolving our differences. But in case she decides not to come back I have the following queries.

We both our engineering graduates with MBA in marketing and earn more or less same. My immediate family consists of my mother and father. Her family consists of only her mother, who is handicap with a slight limp. Her mother and father do not stay together and the her father stays with his first wife.

I have the following question

1. Supposing my wife refuses to come back can I fight for her custody and what are the chance of I getting the custody.

2. As per her allegation of I beating her regularly and my family harrasing her, it is my word against her's. We did have our share of our fights but nothing major. Will it have any impact in case I decide to fight for the child's custody.


Asked on 4/11/16, 10:38 am

1 Answer from Attorneys
prasad patil

Dear client if wife will not come then u have to file restitution of conjugal petition under sec 9 of Hindu marriage act to call her back. As yr daughter is only 9 months old so right now u cannot ask custody. For any legal help call me

Adv prasad patil

9604349028

8446247807

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Answered on 4/11/16, 10:46 am


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