Legal Question in Family Law in India
Dear Sir,
I am 31 yrs old married man staying in joint family with my parents, younger brother, wife and 3 yr old daughter. we have been married for last 5 yrs, i working as a senior engineer in firm my job involves lot of traveling out of state. The problem is my wife and my mother have fight on small small things, the fault is from both the ends. Even my mother keeps on taunting it is not tht my wife doesn't react she reacts too in very rude manner.My wife sometimes insults my parents in front of me. Every time if we have fight she picks her bag and leaves the home. This time too she did the same thing and left the house without saying anything, after all day searching for her she turned up in the evening asking me to bring my daughter so tht she can see her. as soon as i took my daughter she told me she is going to her mom's place this made me angry and i took her to her mom's place and left her taking my child with me on which she started creating scene in the crowd which made me more angry because of which i hit her and abused her mom. for which after some days i told sorry to here mom. the day we had fight her mom came to my home and took my wife and my daughter telling she will return making her understand after 2 days which almost 10 days have past but she has not come.
My wife and her family are very stubborn they want me to get separate from my family which i don't want since my father has met with an accident and mom is paralytic patient.
In this case i need a divorce with my wife but i am deeply attached to my daughter, since all this things happened in front of her eyes she is scared of me and dosen't want to come my home. I am very depressed and can't live without my daughter. Will the custody of my daughter go to her mother?
Since my wife is not working but since they have their own small shop she is planing to make her source of income through that.
Pls advice i desperately need my daughter back to me.
1 Answer from Attorneys
My friend frankly speaking going for such type of decision of having DIVORCE from your wife, I wont be suggesting you to proceed. Not only because of the reason that you and your wife have spent so many years (along with good time) together, but also because you have a girl child with you. Just give a second thought over your decision and then proceed further, since now it is not your life but it is the question of the future of your daughter. Try to sort the matter by way of talks.
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DEVANSH BHARDWAJ
ADVOCATE
LUCKNOW