My wife file custody case for my 4yrs old daughter
Gurmeet
(Querist) 23 September 2016
This query is : Resolved
Dear,
My wife filed a case for the custody of my 4yrs old daughter.. I have another daughter who is 1yr old and she is my wife..my elder daughter is staying with me from last one year. In her application she has mentioned that she doesn't has any kind of assets on her name as well as on my kids name... Please suggest how to proceed... What laws says... What needs to be done
Devajyoti Barman
(Expert) 23 September 2016
Since the suit is filed you have to contest the same on merit.
Without seeing the contents of plaint I can not comment on merit of the case.
Engage a lawyer and contest it.
Raj Kumar Makkad
(Expert) 23 September 2016
The court has to see the welfare of the child which though includes the sources meant for the upliftment of the child but the same is not the sole criteria. The court has to consider various factors which without going through your pleadings, cannot be commented.
Rajendra K Goyal
(Expert) 23 September 2016
Custody of minor child can be given to wife if she claims. If she is not having source of income, maintenance can be allowed by court.
Gurmeet
(Querist) 26 September 2016
In her petition she has mention she don't have any assest... No income source... Nor any property of on my daughters name.... My younger daughter is with her... This is my elder daughter
Gurmeet
(Querist) 26 September 2016
In her petition she has mention she don't have any assest... No income source... Nor any property of on my daughters name.... My younger daughter is with her... This is my elder daughter
Guest
(Expert) 26 September 2016
Mr. Gurmeet,
Law is voluminous and says so many things, which a person can't even think. That connot be precisely stated against csual and academic nature of queries, like yours.
So, your question is totally irrelevant.
Also, rference of assets and properties has no relevance with the custody of child.
You may better fight your case on its merits, more particularly, if you can provide more comfortable life to your child with complete care of her welfare. Otherwise, a small child of 4 years can be more comfortable with his/her mother.
However, for me, you have not been able to point out what exctly is your problem, except asking for your academic question, "What laws says... What needs to be done."
About your other quetion, "Please suggest how to proceed..." that also has to be suggested by your own lawyer, whom you would already have hired to fight the case.
Rajendra K Goyal
(Expert) 26 September 2016
Repeated at:
http://www.lawyersclubindia.com/experts/My-wife-file-custody-case-for-my-4yrs-old-daughter--617866.asp
