Legal Question in Family Law in India
Seperation with partner
I was married in 1995 thru arranged marriage and working 1100 km away from my home town(UP) in private sector in India.for last 3 years my wife is not staying with me as recently she has got a govt job in U.P education deptt which she always dreamt of.She is not willing to quit job and stay with me.My family members and well wishers tried a lot to settle the issue but in vain due to adamant behavier of my wife and her parents who also work in the same govt deptt. She is not matured and sensitive enough to analyse the situation and consequences due to family break.I have a 8.5 yr old daughter staying with wife. Since there is no positive response from other side what should I do to finally settle the issue to either side.For going to join this job she quarrelled with me on trivial issues and created excuse to leave me and her parents supported this move as this job was their family model for last 3 generation. They belongs to rural background.Can I get my daughter back as I love her a lot.
6 Answers from Attorneys
Re: Seperation with partner
Yes your entitled to custody of your daughter. After 5 years a father is the natural guardian of the child.
As regards your marriage life, you should file application for restitution of conjugal rights.
Re: Seperation with partner
you can file for custody of your daughter but you need to show that she is not looking after teh daughter properly and it is in the daughters interest to stay with you
Re: Seperation with partner
you may apply for divorce and can also claim custody of daughter by moving application u/s.26 of HMAct.
Re: Seperation with partner
you can file a case for custody of the child if the baby is not being looked after properly and the baby is willing to live with you.
anyway you can get visiting rights at least.
Re: Seperation with partner
You may approach the court for custody of your daughter; but unless you have any evidence that your daughter's interest cannot be looked after by your wife in a better way, you may not get custody; indeed you can get visiting rights and spend week-ends or part of her school vactions with your daughter/
you should not insist upon your wife leaving a Government job; it is her security. since you are in private sector, if possible try to secure a job near your wife's work place.
the facts given by you are not enough to constitute grounds for divorce.
you are advised to try reconciliation with your wife and work towards family union.
Re: Seperation with partner
You am try to get back your daughter by moving application seeking the cusdoty of your daughter and the paramount consideraion for the court will be the welfare of the child. You are also natural guardian of the child and every right to look after the welfare of the child and you are also entitled to visit your daughter. For further query contect me
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