Custody of daughter
aman rajput
(Querist) 15 July 2012
This query is : Resolved
My wife along with my 5 years old daughter is staying seperately for the last 2 years at her parents house.....In between I filed Sec.9 to join her matrimonial home back plus the petition for custody and visitation rights for my daughter under GUARDIAN and WARD ACT in reply of which she filed false FIR against me under sec.498A,406 and 34. My wife again and again and threatening me that she will do brain wash and make my daughter against me and which i also noticed in my daughters behaviour during my last visit to her as she has not accepted any gift from my side which i bought for her...Sir now i want to seek some good advice that what can i do legally and emotionally now so that my daughter dont get far away from me as I am very much concerned about her........i m very much upset
ajay sethi
(Expert) 15 July 2012
1) the mother does not realise that a child needs both parents . poisoning mind of child against father is ocunter productive .
2)you may not get custody but you can get visitation rights of the child .
3) since your daughter is young she can be easily brain washed and is unable to realsie that you are her well wisher .
4) you need to have patience and continue visiting her . make investments in her name for her future . she will realise later on in life that you are her well wisher .
Devajyoti Barman
(Expert) 15 July 2012
Practically speaking the custody is unlikely to be handed over to you but you being the natural guardian has every right to get regular visitation of the child.
File a petition u/s 151 of cpc in the custody case for visitation of the child which would ensure maintaining healthy relationship with your child.
It is along a battle, keep patience.
aman rajput
(Querist) 15 July 2012
Dear Sethi Sir & Devajyoti Sir can court take any strict action to avoid my wife to do so if i bring notice to the court?????????????????
Guest
(Expert) 15 July 2012
Since the custody of your daughter is already with your wife it would be very difficult for you to obtain her custody. You cannot be denied visitation rights though. You may also consider going for quashing of 498A and the other cases pending against you if a mala fide intent is manifest from the complaint/FIR.
aman rajput
(Querist) 15 July 2012
Sir I am asking that if i bring this deed of my wife notice to the court.....can court warn her or take any action against her to avoid her to do brainwash of my daughter ?????
Devajyoti Barman
(Expert) 15 July 2012
There is hardly any proof which you could bring to the court about ' brain washing'.
Mere allegations would not help.
V R SHROFF
(Expert) 15 July 2012
Aman,
I know,
If any Love exist in this world,
that is permanent, true, is a love between a Father and his Daughter.
No affection, No Love can compete except love for God, whom we cannot realize.
However, Court do not recognize it.
So law cannot help you.
Keep your mind cool, Wait for future opportunities.
Your case is not unique, All Div cases it happens. Such Wife suffers inn future years, but now, she will harm you and your emotions.
There are chances, she will void even visits, saying, child is not well, I was not well, , child do not want to come for visit, I cannot force , as she cry, etc etc, and there is no punishment, even if your wife do not show face of your daughter for a year..
So be prepared. Law is sot for woman, and do not punish erring ladies.
Man are victim of woman oriented Laws.
aman rajput
(Querist) 15 July 2012
Dear Shroff Sir if i made video recording of my daughter during visit and if her behaviour is not in favour of me or if she denies to accept my gifts and the same recording of my daughter's behaviour then i show to court ....then will it be sufficient for court to take strict action against her??????????????
aman rajput
(Querist) 15 July 2012
One question is that can i request court to put condition of showing the medical certificate of my wife or my daughter if in case my wife denies to come with my daughter during my visit if my wife or daughter is not feeling well???????
