Legal Question in Family Law in India

Respected Shri goelsir & other attorney ladies & gentlemen, below is my question & an answer providd by one of the learned attornies. May I request there may be thrown some more light on the few of my other queries as I am highly troubled and cannot sleep at nights worrying over the eminet threat of the ploce raid etc. May I kindly be educated of my legal right in the given situation? The reconcilation is beyond possible due to the obstinate stand taken by my wife & her family.

Here is a situation:

My wife has separated from me for last 8 months and has ran away with the 4 yr old girl child since Dec 09. After that she has not allowed me to keep any contact with the child, both meeting & phone! Last week my mum and I went to visit the child at her parents' place in another city (where she now stays), and expressed the wish to take the child out for lunch & buying a few things for her. To this my wife &family objected and when we tried to telll them that legally we cannot be stopped as they have no such power (it may be noteworthy to mention that no legality has been initiated from either side) to stop us to at least from meeting the child & spending time with her away from her parents' place. My wife's father reacted very strongly and launched a physical assault on me by strangulating me by clutching my throat & snatched the child way from me. The child was despearetely wanting to come to me. later, we were asked to leave the house with the child. we informed them of our train timings and asked them to either accompany us or come to the railway station to take the child. My brother-in-law came to the railway station and we refused to hand over the child to anyone other than her mother. Now the child has been with us for past 3 days. She says she doesn't want to go back to her mum or to her family as she's being toretured there. I have recorded her words on video, which she has spoken without any prompting of her own. She says her mum continously pressurises her to study (for such a tender aged child!), and she felt like being jailed there!

the questions:

1. Am I as a father the legal natural guardian entitled to keep the child with me?

2. What are the ways in which my wife can claim teh child back?

3. If she does attempt to do as in above question, what would be the mode of procedure?

4. Will court grant vustody to her without even hearing me?

5. Can she immediately claim the possession of the child with the help of the court and with the assistance of police with teh search warrant or firsta notice will have to be served to me?

6. Is there any chance that I may be awarded teh custody of teh child if the thins take a legal course of action, since as I understand the court keeps in view the best welfare of the child, irrespective of the age & sex?

&. could i be charged with the tresspass/498A (even after she being away nearly a year?)

please guide me enlightened sirs & madams. this is an earnest plea from a worried, tnesed up, terro-struck father who loves his child more than his life!

India | 380013 | Family Law, Divorce, Child Custody and Adoption

8/17/10, 12:39 amAnswer (1 of 1) Both of you may need to approach the court to resolve the custody dispute. A mother is natural legal guardian of a child less than five years old. However, the court may consider all the factors into consideration while deciding about the custody issues.

Sudershan Goel

Attorney-at-Law (India)/International Visiting Scholar

Sureme Court of India/University of North Carolina at Chapel Hill

Usa / New Delhi, 110001

3 Answers from Attorneys

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