krunal (owner) 01 September 2015

Child advice?

hello i am married and we did love marraiage it been a two years now.after delivery at my side .my wife went her home with baby for 3 month to stay .her parent didnt like me and they created a problem always .after few days my wife and we had a fight .and she said she dont want to stay and she want divorce .it been a 8 month now she dont want to stay with me.me and parent relatives friends went her home more then 20 times this 8 months to make her understnd but she denies to comes back.we have a 8 month daughter and i want to bring her my home for religous pooja her parent and my wife denies me and my parents to meet and bring my child home for single day .i dont knw what should i do i want to bring her for ganapathi pooja at my place for single day .

1) can my wife stop me if i want to bring my child home if she dont wish or can she complaint to police or some legal side if she dont wish .i am her dad do i have right to bring her home

2) can someone help me still she has not applied in court for divorce ??

3) i just want to bring her home so my grand parent can see my daughter as they cant go there place

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4 Replies

SAINATH DEVALLA (LEGAL CONSULTANT) 01 September 2015

Whatever the reasons for her separation may,U can't forcibly bring UR 8 month old daughter.Even law dosen't permit.Why don't U go for mediatiion and counselling,which could pave the way for UR reunion.

Anmol Jain 01 September 2015

Firstly, Both you and your wife have equal claim on the CHILD, and you on legal footing standsas equal party for gaining acccess of the child, the best option would be to file for 'RECONSTITUTION OF CONJUNAL RIGHTS' i.e. right to live together as legally wedded husband and wife, if you states that there has been no dispute and problem between you both as such, and she suddenly with no cause as such, withdraws herself from you, the court will hear both sides and then justify on what you are entitled to do or not do, but firstly you can try to solve the fight mutually, if not possible then court may order you to go for mediation and Concillation center for addressing the dispute. This would be your most reuisite legal action.

Regarding, other issues

Firstly, you cannot bring the child back forcefully without the consent of the wife, this may lead you to be charged on other offences, even if you are her father, you need to solve the issue first, child will automatically come to you - if the fight between you and her is resolved.

secondly, if she hasnt filed for divorce, hurry u and file for 'RESTITUTION OF CONJUNAL RIGHTS' pitition before any otherv cause of action from her side against you arises.

And thirdly, child can be taken by you with hetr consent only, so firstly please solve the fight and be at peace with her and solve the marital problem first, but you can visit the child, whenever you want to, that is your right - as being the father.

SAINATH DEVALLA (LEGAL CONSULTANT) 01 September 2015

Best advice given by the above expert.

T. Kalaiselvan, Advocate (Advocate) 08 September 2015

You cannot force her to bring the child to your home nor you can forcibly snatch the child from her and bring it home, it will be an illegal act and you may be even punished for that. You may issue a legal notice asking her to return to the matrimonial home immediately with a warning to initiate legal action if she does not returns. This may be helpful to you to make her bit flexible on the issue.