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.
6 Answers from Attorneys
Re: Custody of daughter
Your answer to the query is too long to advice here. Please contact personally or contact a good local lawyer.
Re: Custody of daughter
Your answer to the query is too long to advice here. Please contact personally or contact a good local lawyer.
Re: Custody of daughter
it is not possible to state all the provisions. so contact some good local advocate in your locality.
Re: Custody of daughter
Filing of police complaint is not a solution,however,you may take a chance.File a case of custody of daughter wherein you may also pray for interim relief to meet the daughter at the place of your like.
Re: Custody of daughter
if she has allegations of torture against you, she may lodge an FIR against you under section 498-A IPC; she may also proceed against you under Domestic Violence Act.
Therefore, you should first try to settle the matter - matrimonial dispute, maintenance of your wife and child; - and defer the issue of custody or meeting with the child.
better if you settle the matter amicably out of court.
Re: Custody of daughter
you need to meet an advocate for advise
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