Legal Question in Family Law in India

My wife is seperate from me and is staying with her parents with our girl child who is 3.5 years old. No legalities hafve been initiated from either side. The child's education is suffering. Under these circumstances, what legal rights do I have as a father to take the child from her? I repeat, there has been no legalities involved at this tage. If I go to her parents' place and demand to take the child with me, can I be stopped, and if so how and why?


Asked on 1/10/10, 10:44 pm

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you may file a petition for restitution of conjugal rights in case you want your wife back and file a petition for custody and visitation rights for the daughter.

Read more
Answered on 1/11/10, 12:35 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You should make serious efforts for a compromise with your wife. Avoid Litigation. Meanwhile, you should start sending sufficient money for supporting your wife and the child. Claiming custody at this stage may not help. You may keep sending gifts like toys, books and clothes for your daugther, alongwith letters/cards. Try to avoid litigation and make efforts for a compromise.

Read more
Answered on 1/11/10, 12:31 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India