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5Yrs Baby girl custody to father

Querist : Anonymous (Querist) 02 October 2017 This query is : Resolved 
Dear Sir
My wife has filed false 498a case along with DV and 125maintance case also. Moto for lodge cases to take cash and my property in her patents favour. For that reason a car of mine include that case but forcefully and misguided by them to court she has returnback the same and transfered thirdparty.
Now i have filed a appell in kolkata hight as she has misgude court and violate the court order for transfered the thirdparty.
After 498 my wife has submitted a letter to my daughter's school as she is the only regal and natural gurdian so my intervence would not be entertained on school's matter.
Once i got free from arrest by bail visited to school for paying the monthly fees they has showing me that letter, once i had complained on school then my wife got returned that letter from school.
Now they received the notice from highcourt they are planning a game to disconnect the communication with my babay to miaguiding baby.
I want to take the cuatody of that baby girl... Kindly share the way.
Ms.Usha Kapoor (Expert) 02 October 2017
If the child CROSSED 5years in age you can apply for custody and guardianship of child if court in its discretion finds on inquiry that you are better suited from child's welfare point of view than its mother both financially and conferring love and affection on the child. so that the child feels secure and safe in your hands for in court's view welfare of the child is of paramount consideration under Hindu Minority and Guardianship Act r/w Guardianship and wards Act.Meanwhile you can apply for visitation rights.of your child.
Querist : Anonymous (Querist) 02 October 2017
Thank you for your update.
Kindly share below points....
As per financial condition of FIL is not so good, since case lodge maximum time i have paid the school fees via my wife's bank account. In general and its 100% correct that my wife is ultra modren lady and not take care my baby as well. Apart from that they are busy to create best interest of child. There is a distance between my residence and FIL residance in 120km and both is separate juridiction. Should i file visitation right in my district court or there where wife is currently staying.
Ms.Usha Kapoor (Expert) 02 October 2017
You file for visitation rights in Family/District court.
Dr J C Vashista (Expert) 02 October 2017
Sorry for an anonymous author, no reply.
Vijay Raj Mahajan (Expert) 02 October 2017
The school got order from the High Court to discontinue communication of the child from you, better check that order first and if that is correct, move the High Court for rescinding that order as it was given without serving you prior notice and it infringes your legal right to meet and communicate with your daughter as her biological father and a natural guardian.
You can file simultaneously petition under the Guardian & Wards Act for complete custody of the minor child as you are her biological father and natural guardian. The best welfare of the minor child is with you. You are providing for her school fee and other expenses. Your wife has ulterior motives to extract huge sum of money from you is preventing you to meet the minor child thus preventing the fatherly love for the minor child which is an extreme act of cruelty towards the minor child thus having bad affect on her development. An application for interim order for regular visitation of the child should be made along with main petition. This custody case need to be filled in the Family Court.
You can even plead in the High Court to refer the matter relating to the child custody/visitation etc. to District Family Court for trail rather by itself taking any step by itself on any petition filled by the wife.
Querist : Anonymous (Querist) 02 October 2017
Dear Mr Mahajan
Thank you for your reply but this is to inform you that School not got the order from High court. As the discontine communication request duly filed by wives.
Once the counter complained submitted she has returned the letter from school. Should that letter can prove the cruelty ground. Kindly update
Querist : Anonymous (Querist) 02 October 2017
Dear Mr Mahajan
Thank you for your reply but this is to inform you that School not got the order from High court. As the discontine communication request duly filed by wives.
Once the counter complained submitted she has returned the letter from school. Should that letter can prove the cruelty ground. Kindly update
Kumar Doab (Expert) 02 October 2017
AQ..................so NO reply...
Kumar Doab (Expert) 02 October 2017
Pls post with your ID and you can get many replies...............
Querist : Anonymous (Querist) 02 October 2017
Am trying to post via my id but due to some technical reason it has not been upload.
My id is rajjak.hossain@gmail.com
S.B.adil rahman (Expert) 02 October 2017
Mr.Rajjak, Hindu laws are not applicable upon you. Your case will be dealt in accordance with the Muslim Personal Law(Shariat)Application Act 1937. Before filing the case for child's custody you advocate shall have to ascertain that among Muslims to which school of though you belong to. I mean first Shia or Sunni and if Sunni then Hanafi or Wahhabi. Please contact a lawyer who understands Mohammadan law and take his advice.
Kumar Doab (Expert) 02 October 2017
Dear LCI Querist,

NO one and NO body asked you to post your email id.

Don't post your email id/address/phone numbers/photos and don't send any paper containing such information to anyone.....

Kumar Doab (Expert) 02 October 2017
Agreeing with Mr. S.B. adil rahman.

The provisions of personal law can be referred.

Post your query with your ID at LCI e.g; rhossain,rh, rajjakh, or as suitable to you say;
r followed by name of your state, village, country, tribe, town , mohalla, etc etc etc anything, anyone............
Kumar Doab (Expert) 02 October 2017
If there are tactics to distract, deflect, distract and block you from getting details and understand and appreciate, OBJECT THEN AND THERE. GO thru the threads placed under ID of Members/Experts posting and you will know who are IT’s=entities at LCI whose ONLY AIM is to fleece unsuspecting querists of LCI and IT’s DAILY TRADEMARK TAMASHA,NUISANCE ABUSE,SARCASM AND waste another day of IT’s purposeless and frustrated life………….. at fag end of life……. Similar query has been discussed in many threads that you can ‘SEARCH’ in ‘SEARCH’ option on middle of right hand side of this web page in Experts section and in ‘SEARCH’ option on bottom of right hand side of the web page in Form section…………….
Kumar Doab (Expert) 02 October 2017
You can also ‘SEARCH in other sections e.g; Articles, Judgments, Files………… And download even citations, judgments, procedures etc etc ……… Avoid posting photos/names/email id/phone numbers/addresses etc etc or attaching any document containing photos/names/email id/phone numbers/addresses etc etc and erase photos/names/email id/phone numbers/addresses etc etc while sending any documents to anyone, anywhere except your own very able senior LOCAL counsel of unshakable repute and integrity specializing in such/civil matters and having successful track record in handling such matters thru courts of law and with concerned authorities e.g; CARA. There are many threads and publications at LCI also narrating unsuspecting querists from Republic of India, having been allured and fleeced by posers, impostors that advertise the photo of a very old/sick persons posing as some Chief Lawyer (while actually LIAR) and flaunting unknown Firms as LAW Firms (while actually LIAR’s Firms)…………………..and having multiple fake ID’s to post Salutes from one fake ID to another fake ID…………………and falling for even Rs.50/- ( Pachaas Rupalli)……………….
Kumar Doab (Expert) 02 October 2017
Online portals are not substitute for in person discussions with very able senior LOCAL counsel as explained above and are for mere getting details and directions, and guidance and for FREE. As the cause at LCI is social service and Noble cause. You are not to pay any monies for IT.
Vijay Raj Mahajan (Expert) 02 October 2017
Gaurdian and Wards Act applies to Muslims in India and Family Court has jurisdiction to decide the issue of guardianship and custody.
Stop misguiding if you have no legal knowledge.
Kumar Doab (Expert) 02 October 2017
The best you can do is to stop the thread here and go thru similar threads and other sections OR post in another thread with your ID at LCI and mention and your personal faith e.g; Hindu, Muslim.......sect/subsect etc to ascertain personal law that wold apply in your case...............

Provisions of personal law can be looked into.

Rajendra K Goyal (Expert) 02 October 2017
No advice to query from me to an author who is anonymous.
P. Venu (Expert) 02 October 2017
It is really unfortunate and disappointing that we, the EXPERTS, are letting this forum down and reducing it to a mere chatter box.
I TRUST THAT MY BROTHERS WOULD KINDLY APPRECIATE THAT IT IS AN OPTION GIVEN BY THE LCI FOR THE QUERISTS TO REMAIN ANONYMOUS. Hence, I am completely at loss to understand why some seniors among us is making an issue of it and posting "no reply" as a reply.

This is all the more so when the query has already been replied succinctly by some experts through their valuable suggestions.
Kumar Doab (Expert) 02 October 2017
If Muslim: Post it is pertaining to which Sect/Sub Sect .
The adoption amongst muslims has also been discussed at LCI, in many threads and illustrations, citations have also been posted.

I have not resorted to misguidance in this thread and other threads.

Pls don’t post as anonymous and post with your ID.


Mr. S.B.adil rahman may also post his views.
NO comments on misguidance in this thread or other threads in which Experts that have posted in this thread and others have posted.
Ms.Usha Kapoor (Expert) 25 June 2018
I stick to my above view.


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