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Father of lovely Daughter (Father)     20 February 2012

Custody of 4.5 yr old daughter

Respected Members,

Please enlighten me as to what are the requirements to be fulfilled by the father in court or how can i seek the custody of my 4.5 yr old daughter.My wife is living apart with her parents with false reasons and is not letting me talk or meet my daughter since Nov 2011.I had filed RCR with Hnbl court but this may take a long time.Please adivse.






 19 Replies

Adv Archana Deshmukh (Practicing Advocate)     20 February 2012

File a case under Guardians and wards act to seek custody of your daughter and seek interim visitation rights in it. Custody of a child who is below 5years of age is ordinarily given to the mother. However even if you get visitation rights through court, you can remain in touch with your daughter and after some period again seek custody.

1 Like

Shantilal Pandya ( Advocate)     21 February 2012

 custody procceding  if  filed  need not be  withdran  , but  it can be  continued  to the  end 

1 Like

J ASHOK (HEAD)     21 February 2012

The Jurisdiction of the Court would  be the District Court in which jurisdictional area the Child resides. Act expeditiously and save dome delay

1 Like

Father of lovely Daughter (Father)     21 February 2012

Respected members,

Thank you for your reply.I really appreciate and thank you for your help.My daughter is HEART PATIENT and my wife is not letting me meet or talk to my daughter to bend me n my family to agree to their ill thoughts and with the tool of 498a and DV they want to settle personal scores and cough up money as her daughter married to me though socially but without his will.Now he is trying to emotianlly support my daughter due to loss of my job and medical condition of my daughter that he will support him and asking her to let me seperate from my parents which i did,but later after 6 months on the completion of my 7yr to marriage he filed false DV case against me.

How can i meet my daughter and later took her custody as she always told me that she does not want to live apart from me n my family.her dob is 08jun2007



Adv Archana Deshmukh (Practicing Advocate)     21 February 2012

File a petition under the Guardians and Wards Act and seek visitation rights from the court so that you will be able to meet your daughter.

1 Like

Dr J C Vashista (Advocate)     23 February 2012

Can't you directly speak to your wife and daughter?

Is there any one common relative/friend/well-wisher/known to both families to help mutual and amicable settlement before seeking legal recourse, otherwise,

the only option to move to Court for custody alongwith interim visitation rights, you are legally entitled.

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 March 2012

If this is the case, it is a fit case, where you should be allowed to have the medical examination done in your care. If there is a lapse, the custody would shift to you.


You can get in touch with me for further help.





Shonee Kapoor

Father of lovely Daughter (Father)     05 March 2012

Shonee Sir,

Thank you for your reply.whenever i recv your reply,it gives me lot of strength.I am really positive and honest with this feeling.

What should i do to file for visitation rights and later custody.My daughters DOB is 18JUN2007.

My father in law is the key person who is trying to decrease the re concilation chances by poisioning my wifes mind and ears.Me and my wife got seperated from my parents due to family reasons on 20apr 2011.It was all misunuderstanding.

We were class fellows since 1997.Later we decided to get married by mutual consent of our families witih all rituals.As i know her father since begining,he is an over possesive and phobiatic kind of a person who still follows untouchability.Though he was not willing to marry her daughter to me,but due to her daughters persistance,he agreed at last,but with heavy heart.He is retired bank employee who took VRS as he was not having good relations in his office too.Also he have suspicious nature.His elder married daughter is also living off late with him along with her husband and children and sometime near to them even when he belongs to chandigarh.

He first seperated from my parents on 20apr11,possesed all my wifes jewellery and later.He never stoped interference in my married life,though never supported me ever neither i asked him any kind of help.On 03nov2011 due to a misunderstanding,me and my wife had little argument and she left my home while i was sleeping.Later the next day they filed a false dv and 498a case against me and my whole family.They took dissapeared my  daughter while i was questioned.Then i was called thrice in caw cell where the IO observed that i am not wrong and even scolded her father.Even his family members had refused to talk to him.

I had lost everything JOB,FAMILY,DAUGHTER,WIFE,TRUST,FAITH and is living life of NOMADS.

My daughter is the only reason of living now.I have came to know that i can file a case through free legal aid centre and courts.

Please advise,as i am worried of my daughter daily as i am unaware of her health and whereabouts.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 March 2012



To be honest and true to the welfare of the child, I want to sermonize you.


If you have lost Job, Health, Wealth etc., how would you bring up the child.


If you want the child, you have to shoulder a responsibility. Get back on your job, increase your standing in your own eyes and then ask for child custody.





Shonee Kapoor
PS: You can always ask for visitation alone in GWA.
1 Like

Father of lovely Daughter (Father)     06 March 2012

Thank you for your reply.

I have lost my job because of all this in month of FEB2012.I am trying to search a new job which will take some time.I had always provided all comforts of life to my wife and our child.I had little savings and had invested in LIC and insurance policies for good and bad times.But,earlier due to disease of my child and later all this saga,i lost lots of precious time and money.I am a fighter and will stand again,but little worried due to daughters heart problem and wifes emotional blackmail.Even now my family has accepted me and givig me all support.I am always ready to reconcile with my wife as i know its all misunderstanding..

Due to little money left for my daughters heart treatment,and lawyers are prove to be very expensive,i was trying to go for visitation rights through FREE LEGAL AID CENTRE cum MEDIATION CENTRE located in TIS hazari.

Also,my wife had filed complaint in gurgaon police,and i had filed an RTI to get the copy of the complaint.But they had just mentioned the briefing of the complaint and not the copy of the original hand written complaint.How can i obtained that as i haad read it,and all the allegations written and kidish,false and i have proofs to prove them wrong.



Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     07 March 2012

Good, keep the fight on





Shonee Kapoor

Father of lovely Daughter (Father)     07 March 2012


police is not providing me the original hand written copy of the complaint done by my bitter half.Though i have read that and all the inputs are the complaint are false and i have proofs to prove them wrong.They have replied that they have transfered the complaint to UP police as per request of complainent as they live in gaziabad.

Please guide how can i get the hand written complaint from police.



Prashant Rana (Advocate)     07 March 2012

Agree with Shonee Kapoor & Archana ji. At present you must file for the Visiting rights to your child. After your financial position gets better, you may choose to files for the custody of the child.

Don't worry about the complaint to police as it will be given to you if police decided to take steps on its basis and put a Challan in the Court.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     10 March 2012

You can get the same through RTI, though it would take some time but eventually you would get it.





Shonee Kapoor

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