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Harassment from wife and her family members

(Querist) 13 September 2017 This query is : Resolved 
I am in the merchant navy and I got married in April 2016. My wife working in sbi as clerk and my mother is a house wife. We have a seven months old daughter. My wife and her parents used to make false dowery allegation on us though we did not took any money from them. Due to this issue my wife left home along with her uncle though we called up her parents to resolve issues but they said they will not come. I did not gave daughter to my wife as daughter is completely dependent on bottle milk due to lactation problem and also due to neglecting behaviour of my wife. She is threatening us say By that she will make us arrest on false dowery allegation and should return her daughter back and divorce her.please kindly advice us what to do as I want to keep my daughter with me
Ms.Usha Kapoor (Expert) 13 September 2017
You first try for amicable settlement involving elders and well wishers who are interested in seeing you both united. If that doesn't work file for Mutual consent divorce if your wife consents to it which is the quickest mode of disposal of a matrimonial case.If there are irreconcilable differences between you and your wife or irretrievable break down of marriage you may get divorce within 6 months according to many Supreme court decisions..Or you can file contested divorce on the ground of cruelty against your wife.You can seek custody and guardianship of child under Hindu Minority and Guardianship Act r/w Guardians and wards act on the above grounds mentioned by you.If the court feels you are better off than the child's mother financially and take care of your child in a better way than its mother the court may award guardianship and custody of your child to its discretion taking into account child's welfare as the child's welfare is the paramount consideration in court's view. Otherwise till the child completes 5 years in age mother is the natural guardian and should take care of the child. After the child completes 5 years in age father is the natural guardian.You can apply for Guardianship and custody on the above grounds suggested by me.Meanwhile you apply for visitation rights of your child Which the court will definitely grant.pending divorce proceedings. from your end on the ground of cruelty against your wife.
Rahul (Querist) 13 September 2017
Thank you mam but we have been trying to make her understand but seems to be unfruitful. I have Wats app message conversations record where she is continuously arguing and I am trying to make her understand . We already spoke to her parents they are not willing to come. 2 days have been passed she left along with her uncle saying she will go to her home and will return back with in 5 days. I called one of her uncle who is a renowned politician he told me that she is with one of her uncle and may or may not return back and he threatened me that he will send police at my home if I don't send my daughter to her. I messaged to my wife saying that why u r not asking whereabouts of our daughter but no reply. Then I messaged her again to come along with her parents and take her daughter back but she said She will think. She is willing to take daughter back with her uncle but not with her parents. I am in merchant navy working as officer earning around 1lakh per month and my mom who is house wife getting pension 15 thousand per month. My wife earning 25000 per month as a SBI clerk. My wife after her working hour used to teach kids 3 hour in evening and 1 hour in morning. We confronted her saying that our daughter need mother attention also so u take care of her after coming from your working hour. So she started fighting again making false allegation and things got worse. Her parents are saying that if father can't take care of her and her daughter, we maternal father will take care. My wife's father and mother are also living separate as mother is taking care of my wife's elder sister and father taking care of his parents and working in bank also. So due to their suspicious nature and family condition how can I give my daughter to my wife and Her parents . At present my daughter is with me and my mother at our home. We are taking care of her as we used to do before. Kindly advice what to do and how to protect us from political pressure and police. At present my daughter is 7 month old.
Rajendra K Goyal (Expert) 13 September 2017
If she want divorce, you may discuss through your lawyer for mutual consent divorce for terms.
Guest (Expert) 13 September 2017
Agree with Experts well advised
Rahul (Querist) 15 September 2017
We tried for settlement and called up my wife via whats app message she read that message but did not replied, even she did not picked up my phone. I called up my father in law he said that she is having some problem and babbling at night so her mental condition is not right,even motherinlaw is also not fine and child who is 7 month old is in safe custody. Then after some time again he called up saying that your wife is absolutely fine and she need some time. Throughout he was changing statement so I am in doubt either my wife is really mentally sick or they are planning something. Now I want daughter in my custody. Can I get my daughter custody even if She is 7 month old considering suspicious nature of my wife and fatherinlaw
Rahul (Querist) 15 September 2017
How can I safeguard my self And what to do
Guest (Expert) 15 September 2017
Better discuss in detail with a Local Good Senior Advocate specialized in Family matters

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