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?
2 Answers from Attorneys
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.
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.
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