Legal Question in Family Law in India
I (not my wife) belong to S.C.community have one daughter(2&half yr.) stay separately since last 3 years.My wife stays at her mother's house from when she was 7 months pregnant.When I went to my in-laws house to return my wife & child back to me (then my child was 3 months) my in-laws are insulted me and my wife couldn't want to come back.After taking all sorts of possible ways in order to keep the relation(for the future of my little child) I & my family members are failed.From then I have send money in the form of money order or At par cheques by registered post to my wife at her mother's house but she refused all till today and demands all the gifts of marriage.I have got the decree of sec-9 in Feb-2010.We lead our conjugal life only 2 & half years.They humiliate me and wants a lumsum amount(which was not clear to me) from me.As I am the only earning member of my family it is very difficult for me to meet their demand. I think for divorce & before filing that should I file for child custody? Is it help for divorce?Please suggest me--REGARDS---Koustav
2 Answers from Attorneys
you may file the execution of decree of restitution of conjugal rights decreed in your favour and also file a petition for custody of the child along with an application for meeting the child.
you may get visitation rights but not custody of such a small child. so better file execution of decree of rcr as my colleague Mr Gupta says.
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