Legal Question in Family Law in India

My wife has filed false DV case against me. she misrepresented the court that she cannot live without our adopted daughter and took the ex-party interim relief as well and got the custody of our daughter, whereas Actually she and her family wants to return our daughter to her adopted parents.

now, through family consultations, she has expressed her willingness to come back provided I sign on the documents for returning our daughter.

1) should I agree to her demands and return our daughter back?

2) if I do, what are the chances that she will not threaten me for agreeing to her unreasonable demands in future

3) what precautions/ steps should I take to avoid any trouble later on


Asked on 9/26/10, 7:08 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

Dear Gentleman:

First of all, a child taken in adoption is as good as your own child and cannot be lawfully returned to its biological parents unless now the biological parent claim the cancellation of the adoption deed to which you agree or in the alternative the child may now be adopted by the biological parents by another adoption deed or all the parties biological parents and adoptive parents go together before the registrar for a cancellation deed for cancellation of the adoption.

so far as agree to her demands is concerned, it is purely a personal question and has no legality involved in it on which a legal opinion may be given. How can one stop one from raising a demand, reasonable or unreasonable, in future. You may request her to give in writing that she will have no claim whatsoever in future and she is joining you back without any threat or duress and with no demand from your side. She must, ofcourse, withdraw the DV case.

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Answered on 9/26/10, 7:18 am


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