Legal Question in Family Law in India
My Legal right for my daughter ....
my parents and elder sister ( unmarried ) stays seperately from us ( me, my wife and 2.8 yrs daughter), due to family quarels, my wife didn't give my daughter to my parents, (she gives to my sister) from the time of her birth till 2 years. after 2 years she agreed to give my daughter to my parents but that too for a limited time everyday. Now again , due to some familly quarels, she is not willing to give my daughter to my parents. If i argue with her regarding this she threatens me to leave the house with the child. or do something like suicide. Before 3 times she has left house and went on this matter. last time for the first time in 5 years i slapped her in anger. she left the house and came after 2 days. in these 2 days my in-laws threated me of dare consequences ( even after knowing where she was ) i know i made a mistake slapping her but i just cant control it. i have apoligised ( more than reqd. to everyone), again she threatens me, if i start this matter. please tell my legal rights. Kindly help.
5 Answers from Attorneys
Re: My Legal right for my daughter ....
Agreed that women have an upper hand with the laws. However your wife's behaviour morally and legally amounts to cruelty.Don't lose patience and slap her etc there are legal ways.
Re: My Legal right for my daughter ....
Your brutal and barbarious act is unpardonable. you suffer from actue male chavunism; if your wife so desires, she may initial criminal proceedings against you under DVA. You are advised to be careful and understand her rights instead of trying to know your rights.
Your wife has no obligation to deliver her child to your sister or to your mother; more particularly, when you are living separately from your parents.
the apologies tendered by you are not sufficient in law and you can still be prosecuted for your criminal behaviour.
Re: My Legal right for my daughter ....
You have every right.Donot bent to the illogical demand and threats of your wife and her parents.Consult in person,professional charges are applicable.
Re: My Legal right for my daughter ....
Its your luck that you are not behind bars and yes she can file a criminal complaint against you.And its not just you but your entire family can face a criminal complaint.
Its no point in knowing your rights when you are doing a brutal act.
Re: My Legal right for my daughter ....
You mother or sister does not have any right to have your child, against the wish of your wife. SO you cannot force her to give child to any one, against her wish.
Now so far so as slapping is concerned, you should consider yourself lucky that still your not behind bars, you must be thankful to your wife and her loyalty that she has not complained to police or any authority. So do not further dare to lift your hand against her. You and your entire family might go behind bars.
Further note that, law is absolutely with wife.
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