Legal Question in Family Law in India

Hi, I got married in 2009 Nov , and we lead a very happy matrimonial life and we had a Baby girl in 2010 Nov and our life going smoothly until 2012 July. Regarding Rakhi festival she had a small argument with me and she locked me and my daughter in the bedroom from outside and she committed suicide by hanging in the next room. My in laws knows her nature ( she is very short temper) but still they filed a case (304B) against our family members. And my family members living in different place around 250km away from us but still they dragged them into this case. Now everyone got bail and case is still in lower court.So we are not sure when it will come to the Session court. When i'm in custody my in-laws forcefully taken my daughter from my parents and now they are demanding unreasonable money to give my child back. And they are not showing my baby from last 8 months.

Now my question is:

As per local lawyer opinion: If i file a custody petition at least it will take 1 or 2 years for judgment. But during that period court might grant permission to see my daughter ones or twice a month. I think this is not a good idea to meet my child as a visitor and it will badly effect her in terms of health and mentally. Because i'm the only one she had in this world and no one can take care her better than me.

So please advise me how to get my daughter back?

2 Answer from Attorneys

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