Legal Question in Family Law in India

Custody of daughter

I have a daughter about three and half year of age. At present my wife and

daughter are staying at my father-in-law native place for the last three

months. My wife is not willing to reside with me; also she is not willing to

file divorce case against me from her side. She is staying there on the

ground that I am tourchering her which is not true. I don\'t know why she is

interested to stay there along with my daughter, but I suspect some illegal

relations of my wife there, but I have no proof of it. In this circumstances

even when I want to meet with my daughter outside the premises of my

father-in-law residence, my wife and my father-in-law denies to meet my

daughter, they told me to meet my daughter at there residence apprehending

that I may taken away my daughter, if I will meet her out-side there

residence. I am also not interested to meet my daughter at there residence

apprehending there misbehave and to avoid any unlawful circumstances. So

please advice me what is the legal provision and role of police if I file a

F.I.R. against my wife and father-in-law to meet my daughter out side the

residence of my father-in-law


Asked on 1/28/08, 1:16 am

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Custody of daughter

You should try for an amicable out of court settlement.

The marriage being quite recent, your wife may have serious complaints against you and may cause you more harm than visible at present.

you should be very cautious in levelling alleations of infidelity against your wife; this may amount to cruelty against her, if you cannot prove the allegations.

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Answered on 1/29/08, 11:35 am


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