Need my daughter back

abhishek (Querist) 19 April 2014 This query is : Resolved
Hi

my wife left me 6 month before and i am trying to meet my child on regular basis.

i do not know where they are staying or phone number is also changed , her brother in law (Sister Husband) use to guide and suggesting to take full property of mine . i have already given 50 % property of mine to my wife name.

i have filed section 9 to bring her back.

please suggest i want custody of my daughter.

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Anirudh (Expert) 19 April 2014
How old is your child?

Rajendra K Goyal (Expert) 19 April 2014
Generally the custody of child is given to mother or the person with whom the best interests of the child would be protected in the eyes of the court.

abhishek (Querist) 19 April 2014
4 years , i would like to bring my wife back , but due to her sister husband interference she is brain washed . Recently i have 50 % property of mine named on her name . My wife is good , section 9 has been put . Is there any way to bring her back .

V R SHROFF (Expert) 19 April 2014
sec 9 is OK for u.
Custody of daughter to you is very difficult. [ Unless u prove, d will suffer and spoil her future. ] it is called paramount interest of ur daughter.
You can have visiting rights/ access of daughter.

abhishek (Querist) 21 April 2014
Sir would like to know the consequences

till now court has not given any order regarding child custody .if i took my daughter from school and go home , what action my wife can take legally.

Devajyoti Barman (Expert) 21 April 2014
Getting back of custody of child and that too of 4 years old is very difficult.
Since you have filed a matrimonial suit, you can apply for visitation of child u/s 26 of HMA where you are likely to get visitation rights of the child which is your best bet.

abhishek (Querist) 21 April 2014
how frequent court can grant me to meet my daughter . is it possible on daily basis ?

I am again asking the question - is there any case can be lodge from other side if a father can take the daughter home by any medium and take the custody.

abhishek (Querist) 21 April 2014
how frequent court can grant me to meet my daughter . is it possible on daily basis ? I am again asking the question - is there any case can be lodge from other side if a father can take the daughter home by any medium and take the custody.