Legal Question in Family Law in India
I need help to obtain custody of my 1.5yr old adopted daughter. The fine details of my case are as follows: -
I have my business and properties in the name of my wife
Between May-July 14,2010, I have taken two properties in the name of my wife
On July 15, 2010, both of us took our daughter to Doctor for treatment and I have the Doctor's written statement that our brhavior was normal on the visit.
On July 17, 2010 my wife left my house and let for her hometown 200 km away.
On July 20, 2010, she submitted letter in MTNL office for disconnection of landline connection at my home (I donot know she came back or sent the letter through someone, but I have a copy of the letter submitted by her in MTNL)
On Aug 1, 2010, she started working in a school near her hometown
On Aug 31, 2010, she deposited 10000/- cash in her bank account
Between July 17-Aug 31, she withdrew all the money from her other bank A/cs
On Sept 1, 2010, she filed DV case against me and claimed that she cannot live without her 1.5 yr old daughter and obtained interim orders for the custody of my child
Two days later, on Sept 3, 2010, she came with Police and took the custody of my child from me
Between Sept3, 2010 till date, she has blocked Bank A/c, cheques etc for the business I was running in her name and has also not signed on the Sales Tax return.
She has also not signed/submitted her ITR or Insurance premium till date and her Mutual funds payments (SIP), Credit card bills are also bouncing from the date of her exit from her house
It is clear from above, that she is not interested in the child but money and took the child from me in order to harass me and as a tool to put pressure on me otherwise after reaching her hometown, any woman would first approach the police/court to claim her child than telephone disconnection or withdrewing money or damaging business
I have taken Health insurance for my child for 2 years in a row as well as already registered my child's admission in a reputed Pre-school when she will attain the age of 2, her admission is secure in the best school of the town. Moreover, I had done the FD for my child on Sept 3, 2010 before she came with Police and took my child.
further, she & Police have given written undertaking that they have taken my child in safe & healthy condition but in her reply regarding child's custody/visitation to me on Sept 28, 2010, she said that the child has suffered mental cruelty and has hardly come to normal state (without any medical report) whereas I have the photo/video of my child happy with me without her
Please advise, if these arguments are the proper ground for me to claim that the welfare of my adopted 1.5 yr olf daughter is with me rather than my wife who is using my child as a bargain chip?
I need the permanent custody of my child and am prepared to do whatever is possible/permissible by law.
if I need more ground work or other information, please advise me, so that I can prepare/get the same, as the arguments for my child's custody in court shall be on Saturday, Nov 20, 2010.
Shall be very thankful to you for your help
1 Answer from Attorneys
in case you want the custody of your daughter, you need to file a petition for custody in the court of district judge and there you can elaborate all the facts and circumstances that would entitle you to the custody of your daughter. the judge has to decide whether the welfare of the child lies with you or with mother.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
