498 A and Chile Custody

Querist :
Anonymous
(Querist) 01 September 2010
This query is : Resolved
Hello
plz advise
I got married in dec 2007. In jan 2010, wife left matrimonial home at chandigarh and left my 20 months sick daughter too and filed a false dowry case on me and my old aged parents ( both 70+ and patients to chronic diseases). My daughter is too weak as docters said that she is suffering from malnutrition. She is not gaining weight as required.
me and my parents are arrested in feb and are out on bail and attending courts ( 250 kms away) were wife now resides
She has not tried to take custody of shild till date and not bothered about her daughter.
I want to know is ther any law on this wich take action on wife for deseration of child.
Can court give her decision to have child's custody as i am ready to pay for child mantainence as baby being female need her mom.My parents being in old age are unable to take care and mine job is touring....baby is suffering
Plz advise with legal openion
many thanks
Mani
Devajyoti Barman
(Expert) 25 October 2010
There is no law against desertion of child.As they are in your custody you are bound to maintain them.