Dear Friend,
The case under 498A is a criminal nature case and in that you have to take Bail. It is always better to take Anticipatory Bail for this.
As far as the child's custody is concern the age of the child is to be considered, as in your case the child is of only 3 years old he /she is in more need of her mother to be looked after so in the normal circumstances the custody will go to the mother if the child is below of 7 yrs of age. here it is always to be considered that whild deciding the custody matters the welfare of the child is of the prime importance irrespective of the claims by any side.
Though the visiting rights of a Father to his child can not be stopped unless there is a direct threat to the child's life is there. Every father has a bonafide right to meet his son/ daughter which can not be avoided except in the exceptional cases.
For further legal assistance on nominal charges, you can contact undersigned on below given phone number.
Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on site for my appraisal.
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Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court Of India,
High Court & District Courts of Delhi, UP & UK.
For Civil, Criminal, Property, Recovery, Consumer,
Service & Family Dispute Matters.
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