Legal Question in Family Law in India
1) since 2002 my wife is staying with her parents with my daughter. just yesterday, i came to know that a case for divorce was filed in the yr. 2007 and was made ex-party by the ranchi family court. no notices received at my end.
2) now i wish to file a case for my minor daughter. kindly advise the simple process for such act and keeping in view that they are locals, how to handle the local issue and how to safeguard myself.
4 Answers from Attorneys
you may file a petition for custody and visitation rights at the place where you daughter is residing.
You can challenge the exparte divorce decree ,if you want or else you can file for the custody of your daughter but i feel it will be very difficult to get the custody as you slept over your rights to meet your daughter for so many years and now you have come to know about the exparte divorce with your wife ,you want meet your daughter now. Anyway you can try .
yes both things can be done as suggested above depends what u want
Before answering your question I must ask you as to do you accept the Ex-parte divorce? If no then challenge the Ex-parte Order and get it set aside.
You can file for the guardianship of your child in family court.
FOR FURTHER DISCUSSIONS IF ANY, FEEL FREE TO CONTACT ON 09415109404 OR [email protected]
DEVANSH BHARDWAJ
ADVOCATE
LUCKNOW
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