yogesh (tmp1) 28 August 2013

Please advise

Hi,

One of my friends Wife has filed three cases against him in family court. One was maintainance, secoond for return of goods given in marriage and third is divorce. My Friend has won the maintaince case in Family court. Family court has dismissed the case filed by his wife for maintainance.

They also have a 5 year old daughter. His wife has never allowed my friend to meet her daughter. As delivey of the chid has happened at his in laws place and immeditely after the birth of the child these cases were filed and as she never allowed by friend to meet her daughter, his daughter doesnot even recognises him.

My friend wants to know that how can he get access to his daughter and if possible her custody. He doesnot want to give divorce to his wife as well and wants to live with her.

please advise

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1 Replies

Tajobsindia (Senior Partner ) 29 August 2013

1. Advice for your friend is to file an Petition under S. 25, 10, 12 of Guardianship and Wards Act for claiming custody of the child and interim visitation.

2. If he wants his matrimony saved then advice for him is to file S. 9 HMA. If he does not wish to file under S. 9 HMA then during his wife’s divorce proceedings insists for mediation / re-conciliation proceedings for the estranged couples. Failing this he can also seek remedy from a Family Court to send couples to marriage counselor and meanwhile main case of divorce may be put on hold till results of counselor's session forwarded to Court.

Very limited options he has is my view. Also note S. 9 HMA decree even if he wins and she is not ready to return back to matrimonial home then no Court can force her to do so and it eventually leads to divorce. His main stress should be external (out side) court efforts if he wants to save a marriage.