Legal Question in Family Law in India
my wife is seperate from me for a month and is staying her her parents. we have a 3.5 years old child. Can I take the child and make her stay with me as her school is suffering? There are no legalities initiated from either side. Under these circumstances, do I as a father have the legal right to make the child reside with me? Can i be stopped if I carry the child with me? Simply by the virtue of being a mum, does my wife automatically have the legal right to keep the child or she has to offcially seek the child's custody?
2 Answers from Attorneys
Yes, the mother is entitled to custody of infant child.
You are ignoring the bigger issue. The education of 3.5 years old daughter is a smaller issue than the comfort of family life which your wife can provide better.
You should focus on reaching an amicable settlement with your wife and stop worrying about the child. If you make the mother happy, you will automatically enjoy custody of the child.
Try to avoid litigation and legal opinions; instead identify your mistakes and bring her back.
in your circumstances, as she is not willing to stay with you and marriage has broken down irretrievably, there is no point spoiling the life of the child. you may either seek custody amicably or file a petition for custody with meeting rights. you can also seek orders from the court for right education for the child under your expense.
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