LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

RANGAM SREEDHAR   02 September 2018

Child custody


I am NRI. My wife got cancer in nov 2016 and I spent 30 lakhs. At the time of marriage, my in-laws gave 100 grams gold and agreed to give 5 acres of land to their daughter.  But I have never asked them land. When my wife got cancer they gave me 10 lakhs on condition that they will give gold and land to my wife's sisters and brothers for giving 10 lakhs money which I have agreed but no contract.

There was a small misunderstanding between my wife and me which their parents came to my house and threatened my mother which I got angry and filed a divorce case on 1st July 2018. After receiving notice i.e on 20th Aug 2018 my wife filed 498A, My mother A1, Brother A2 and myself A3. Police called for counseling which was attended by my mother. 

On 29th Aug 2018, my wife got a fever suddenly and died. The body was not kept until my visit. Other people guided not to visit their house also to see my daughter as they will be on fire and their expectations were correct I send my grandmother the next day which they scolded and abused her.

No charge sheet has filed for 498A and how can I get it closed.

My main problem is my daughter is with my inlaws and I know them they will not take care properly my child. My relatives say wait they will only come to us for handover child as it difficult to take care of a baby girl. If I go to their house fear of arresting by police. They are planning to collect money by keeping my daughter.

I know I should not say here these words but i am dying of thinking my daughter and I required my child custody immediately and ready to spend money illegally also. Please help me as my lawyer says will file custody of the child which takes one year.



 4 Replies

Adv Deepak Joshi +917017821512 (Advocate)     02 September 2018

Dear querist,

File habeas corpus petition at High Court.


File application under section 25 Guardians and Wards Act, 1890.


25 . Title and guardian to custody of ward.- (1) if a ward leaves or is removed from the custody of a guardian of his person, the Court, if it is of opinion that it will be for the welfare of the ward to return to the custody of his guardian, may make an order for his return and for the purpose of enforcing the order may cause the ward to be arrested and to be delivered into the custody of the guardian. For the purpose of arresting the ward, the Court may exercise the power conferred on a Magistrate of the first class by section 100 of the Code of Criminal Procedure, 1882 (10 of 1882).


Section 19(b) Guardians and Wards Act, 1890.


Section 19(b) of Guardian and Wards Act bars any court from appointing or declaring any one guardian of a minor whose father is alive unless he is found unfit to be guardian of the person of the minor.


Thanks and Regards

Deepak Joshi & Associates


Mb/whatsapp +919456777600

Srinivasa Rao Yaramati (advocate)     03 September 2018

you need not bother about 498A , what deeak joshi said is excelent 

vinay_2431 (engineer)     06 September 2018

How long you been married??

  File a case on those people for kidnapping your daughter and not giving her back to you.

Rest police will take care,498A will not stand against you now.


Have a Heart Foundation (Sales & Mktng)     02 February 2021

A Survey is being conducted for Reforms in functioning of Family Courts in India.

Separated Parents in Child Custody / Visitation disputes are requested to participate and fill the form in link below.

Our Children Deserve Better


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register