Legal Question in Family Law in India

My wife got the custody of our girl child 3 months back but she is not keeping the child in her care because she is working in Bangalore and she is not finding a suitable job in the city where she has kept the child in her sister,s custody. Child is 7 yrs old and they are even avoiding me to talk to child one a week atleast. My wife has mislead the by stating that she is residing in mangalore after she got separated and wants the custody which court granted but whereas child is not under her care. To get the custody of child my wife had booked me under false case forPWDV and I have interacted with her several times via gmail which indicates that it's a false case she had booked nor she has any evidence or lodge any complaint for voilence. Please give your valuable advice as to 1) is it acceptable by court that she can continue her job and keep the child in sister's custody. 2) can I file a case of return custody since I have found a good job in the same city and planning to relocate for the sake of baby and her welfare. 3) what punishment can the court give my wife for misleading the court by stating she is resident of mangalore and voilating the courts order by not keeping the custody of the child. 4) can I file for compensation for alleging me for false case of PWDV keeping the email interaction proof. 5) can I file any case against my wife's sister for helping her in her wrong intensions or what should I do? I would sincerely seek your advice and appreciate your valuable advice. Thanks & best regards

Asked on 10/11/10, 8:15 pm

Aniruddha Pawse Aniruddha.P.Pawse Advocates

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1) Court's discretion but generally no

2)Yes Welfare of the child is of paramount importance

3)removing custody rights can be a punishment in itself.

4)if you can prove that the case was false in court then proceed.

5)Not advisable

Answered on 10/12/10, 2:59 am

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