Legal Question in Family Law in India
My wife and I separated in the year 2000. I have since lived with my daughter, now aged 13. My wife has just seen my daughter about 5 times since then. I filed 2 petitions for divorce and custody in November 2000. As she did not attend any hearings except the first one, the cases simply carried on and I stopped going to court after one year. I now see that both cases were dismissed in 2003. My wife is an alcoholic and also had an illegitimate relationship. Will I automatically gain custody of the child now that I have taken care of her since September 2000?
2 Answers from Attorneys
as the daughter is staying with you, there are minimal chances of she getting custody in case you have sufficient proofs that wife is alcohalic and having illicit relationships.
If your wife have not filed any case against you for demand of her daughter and custody thereof and there is no outcome of both of the petitions filed by you then question of custody does not arise in favour of your wife. You are legal custodian.and you have much evidences to prove yourself.
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