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, was cruel 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. On Sept 3, 2010 she came with police, showed the order and took my daughter alongwith her

1) She is now staying at her parents hosue who are hand to mouth.

2) She is working in a school for a meagre salary leaving her business where she earned handsomly under the influence of her parents who misguided her

3) whereas she and my daughter enjoyed comfortable life with me in our AC house, my daughter will be very uncomfortable with her

I know the chances are very dim but still I want to try all resources to take my daughter back. On what grounds / documents can I prove that she is incapable of taking care of my 1.5 yr old child now and take her custody


Asked on 9/11/10, 10:42 am

2 Answers from Attorneys
Vishwa Arya Arya & Co.

i guess it has been answered

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Answered on 9/11/10, 11:23 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

your post clearly shows contradictions. on one hand u said that your wife and inlaws want to give away the child to natural parents and on the other hand she has taken the custody of the child. it may be so that you are very rich but money is not everything. your wife is happy taking care of the child by earning meager salary instead of staying in your AC house. better uplift yourself from materialistic attitude and value the human relations. Money can buy an AC house but not the people to enjoy that comfort.

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Answered on 9/13/10, 12:45 am


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