Legal Question in Family Law in India
I am married since 3 years and I am blessed with a baby girl who is now 2.5 yrs old.Since her birth she has been in the custody of my mother.My mother has forced my wife to do it. Just a fortnight before my wife's delivery my wife's delivery my mom has procured a Stamp paper worth 100 and typed some matter on that and got it signed from my wife.The gist of the agreement is that.The child can be in my parents custody and they will the legal parents of her.This was signed only by my wife and not by me and that to her decision was influenced.
Secondly due to some unfortunate events at my parents home myself and my wife decided to leave my parents and stay separately at that time my parents involved their lawyer and made us sign one more agreement where it was particularly stated that the child will be in my parents custody and we have no objection for it, we did to come out of that place.
My wife was harassed and she was not even let to feed the child since day 1 my child has been on artificial feed only.
But when ever I try to ask my mom for the child for an hour or two so that even we as parents can take joy of the child we are denied.My daughter has started going to school and we are not even let to take her.My child has also started learning abusive language at the age of 2.5 since parents frequently use it.
I am very much worried about my child's future and I don't think my parents will let me resolve in a cordial way.
Since my child's birth I have been bearing all the expenses every month I have been paying my parents a sum of INR 10000.
My question is that
1. Can I take back my child's custody?
2. If yes how?
3. Will the law treat the above two stamp papers as a valid document?
4. As the real parents what is the remedy available to us?
2 Answers from Attorneys
being a father of the girl, you are the natural guardian and no document can take away this right from you. you can have the custody of the child being a father and in case your mom creates the problem, you may approach the court for custody.
Forget the stamp papers, you should take the child away from them and keep her in your wife's full time custody.