Legal Question in Family Law in India
My wife and inlaws want to return our legally adopted child to his biological parents. so my wife ran out of our house on 17th july and filed case against me under Domestic Violence Act mentioning that I used to beat her, wasvcruel and threatened her with life threats. she also took interim orders for custody of our 1.5 yr old daughter on the day she filed the suite. she has also asked for compensation of 1.5 Lakh and maintainance of 9000 per month. on Sept 3, 2010 she came with police, showed the order and took my daughter alongwith her
what should I do to prove that no violence has taken place in our life. (only some arguments regarding returning the baby). I want to take my daughter back else my wife will return my daughter to her biological parents (who are her relatives) as soon as the case is over or may be before that
My wife is running her proprietorship business and stopped taking care of her business for this reason. is she now qualified for the compensation and maintainance. (her income is more than my income and she owes over 8 lakhs to my business.
I have lot of properties in her name, can she also claim or sell these properties?
I am able to colelct the following documents
1) Photos of our 6 years of married life, outings, with relatives, with friends, different places we visited, daughter's birthday and other celebrations etc (over 1400 photos)
2) ITRs of both of us
3) gifting her gold on occassions
4) credit card slip that I got the treatment of her sister in June 2010
5) that she owes me business money
I am trapped into a situation it seems no way out. My case date is 17th Sept
please advise what additional docs I need to prove that she is doing this with malicious intentions
3 Answers from Attorneys
This question has been answered with similar facts.
The daughter beign 1.5 years has to be in custody with mother. Every child below 5 years has to be in custody of mother as per guardian and wards act.
Rest of the points stand covered
if adoption was complete the child cannot be returned now to biological parents. the child can only be adopted again now by the biological parents but with your consent and not without that. She cannot return or forward the child to biological parents
your case seems to be weak but as you are a man of means, you may, with the help of well connected lawyer, go for the settlement in this case. there is no point ruining the life of daughter for the sake of satisfaction of ego of parents.
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