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Rajesh (service)     31 July 2009

Custody of My daughter.

Hi,

My wife left me year ago as she had an extra marital. I have custody of my daughter who is six and half years old. After a year my wife has started threatening me for the custody of the daughter and the usual stuff 498..dowry..domestic violence... her family did not approve her extra marital...she is jobless and does not have any source of income but her brother is extremely rich. she is claiming the child on the basis of  financial support from her relatives and parents. My daughter is happily staying with me and our joint family. She is doing well in her studies and her overall development is excellent, My daughter is extremely bonded with me and has no inclination towards her mom as she was ill trated and beaten up badly by her mom in the past and also she remembers about her mother neglecting her and always talking over the phone to her boyfriend.  My question is

1) Whether under the above circumstances what are the chances of my wife getting the custody of the child?

2) All the false allegations that she threatens to  put about the dowry and domestic violence.how to counter it?

Please respond..

Rajesh.



Learning

 2 Replies

lawyer_rajiv (9811284735) (lawyer)     31 July 2009

as the daughter is attached to you, there are less chances of her custody going to mother.  as you saying, your wife is living in adultry, do you have any proof for the same.  in case you have the proof, you may seek divorce on the grounds of adultry and cruelty.  this divorce petition would not only help you in your custody battle but also be helping you in 498a or DV cases.  in case you do not have any proof of her living in adultry, refrain yourself from filing the petition and you may evade maintenance etc. on the ground that your wife is living separately without sufficient cause and is also neglecting her own daughter.  as you taking good care of the daughter, the wife may trouble in the beginning but you gonna have the last laugh.

1 Like

VIPIN SHARMA (Mob.-9610000043) (ADVOCATE)     31 July 2009

Father is the natural guardian of child. For the purpose of child custody paramount consideration for the court is welfare of child. Since in your case your daughter is attached with you and her mom ill treated her in that case looking the facts custody of your daughter should be remained with you only.

VIPIN SHARMA, Advocate

337, Akron Ka Rasta, Kishanpole Bazar, Jaipur-302001

Mob. 9610000043

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