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Code Black (owner)     29 March 2014

Custody of my daughter 4yrs old

Mine was love marriage, where I am Hindu & wife Muslim. We have a daughter 4yrs & 9 months old. Things went wrong, and wife has got me & family entangled in 498a case.

We used to stay with my parents, and we have family business.

She herself left the home, leaving the daughter also behind. Daughter is born & brough up as Hindu. Daughter very attached to Grandparents and me. Whereas my wife's family have seen the daughter just 2-3 times. Wife's family was against the marriage, so they never accepted our marriage.

Now my wife has left our home, because she is not able to live with us, due to religious differences. Her family who never wanted us to get married, is supporting her now to get rid of me.

After leaving she never enquired about the child, just filed 498a case against us. Now after 6 months she has filed for custody of the daughter. Daughter has been brought up as a Hindu and is following the culture at our home since her birth. My mother is a house wife and fit to take care of my daughter. I am having business, so I can take leave easily, and be at home with my daughter as and when required. My wife has recently joined for a job, but not earning more than 6-7k pm. I earn around 30-40K pm. 

Considering all the above facts could I win the custody of my daughter.


Considering all the facts mentioned above, 


 11 Replies

Adv Archana Deshmukh (Practicing Advocate)     29 March 2014

Since when your wife is living seperately? Legally, the custody of a child below the age of 5 ordinarily goes to her mother, however, since you have been taking care of the daughter properly and the daughter is also attached to you and your parents then, you have a good chance  to win and your wife may be given visitation rights. However, nothing can be predicted on the basis of few facts. The case can go this way or that way all depending upon how cleverly and properly your lawyer puts up your side before the court as your daughter is very small. But prima facie I would say you have a good case, if the handled sensibly.

1 Like

Kapil Gupta (Advocate)     29 March 2014

Dear client, if you want to take divorce, you can file the suit for divorce on the ground of cruelty. But if you don't want to do so, you can file for restitution of conjugal rights. In your case, the Special Marriages Act will apply. For anymore help, you can contact me on my email id or my mobile. Thank you.

T. Kalaiselvan, Advocate (Advocate)     29 March 2014

You have more than one valid grounds for keeping the child in your custody in the eyes of law, one f which is religion, be in touch wit your advocate by providing him with factual information and other details so that you can sail smoothly in your family commitment,

1 Like

Code Black (owner)     03 April 2014

Thank you everyone, for giving me some hope in my custody matter.

Adv.Archana- My wife has left 7 months back, and since then my daughter has been with me. I have clicked many pic & videos during this period as evidence to show that daughter is very happy with us. My father & me both are earning members, whereas her parents are dependant on her brothers. She too is not earning enough to take care of the daughter. Since I am self employed I do not have fixed timing and can stay at home to take care of my daughter as and when required.

In her custody petition she herself has told that the daughter was registered as a Hindu by birth. She has also told that my mother was taking care of the child at home. 

After our marriage, her parents left and started staying in some other city. Last year only they have shifted to our place. And our homes are facing each other. Probably she was influenced by them. Her family is really fanatic about religion, and would even kill somebody for the sake of it. They had warned me many times before marriage, and afterwards also.



T. Kalaiselvan, Advocate (Advocate)     03 April 2014

The child will adopt the father's religion by birth but it can choose some other religion once the child attains majority, therefore your stand that there are possibilities that  if the child is under the  custody of the mother, it can be christened to mother's religion, will be given weight to your arguments and also the other factors of bringing up the child in a better manner, the welfare of the child at your home etc, will be considered for a decision of child custody case in your favor.

Adv k . mahesh (advocate)     04 April 2014

as said above it is very interesting and challenging case to fight for the custody of the child with parents being inter religion 

1. as you having you family business you can stress on that point and spend lot of time with you kid and also your mother is there to take care of your kid

2. here religion does not take importance because in some parts of the judicial system this will not show any influence 

3. about mother not earning enough to take care and you have better option and also show if any deposits you have made on the child name

4.  leaving child back 6 months and now approaching for the kid means she is better want to give a chance to married life why not try from that angle and convince her if possible talk to her and settle with happy life with both parents alongwith kid 

Code Black (owner)     04 April 2014

I never wanted my wife to leave, infact nobody from my family ever expected such a thing. It was a shock for all of us. We were wondering what their intentions are, since we have never harmed her or done any bad to her. Then she opens pandora's box, she files 498a and writes to police commisioner that I married her by doing black magic etc.

Initially we took it lightly, as we had never heard of 498a before, but slowly we realised that even if we are innocent we have to apply for bail and go through all the sufferings. Along with my 4 yr old daughter we had to go to court, police station etc. It is very difficult to forget all that, unless we attain enlightenment like Buddha or Sree Narayana Guru.

Memories of the good married life of 6 years do haunt me, and I miss it too. But with her actions she has closed all doors of reconciliation. My daughter, since she has never been with the maternal grandparents, is very scared of them, especially because of their looks (Beard & cap etc). She does not want to discuss about her mother or anybody from her side. She is scared, very scared even to think about them.  My case is very different from the usual cases. And hope that judges would consider all the facts.

Code Black (owner)     17 April 2014

Recently, the custody of girl child 5 yrs old was handed over to the father, in Panaji Goa. Can anyone help me with a copy of the judgement.

Code Black (owner)     30 April 2014

Hello, Can anyone please forward me a copy of a judgement as per my previous request. Or, if you have any new judgement, where girl child of less than 5yrs have been handed over to father. My daughter is almost 4yrs and 8 months.

Code Black (owner)     05 July 2014

Had a date with the cousellor, and had to take the daughter to family court for meeting my wife, daughter refused to go with my wife, and kept crying that she wanted to be with me only. Its 10 month now since we have been staying separately, and the daughter has been with me since then.

Judge was absent that day, so I have to go to court next week.

margo (nil)     17 September 2014

Hi my situation is similar, it's been a yr and a half now and my husband hasn't been financially supporting me or my 5 yr old daughter. I came down from dubai as had to admit her in school here. I've paid now this yrs fees by myself. Not earning I have been selling my gold to manage. We live with my family who look after our needs. My so called husband now has resigned n wants to come down but at the same time says that he wants my daughter n his phrases like "I'll never get to see her" frighten me. I need to knw Please can he do that take her from me. We aren't legally separated but her has not been fulfilling his fatherly responsibilities since he pt yr and a half. I'm ready to reconcile but I knw he'll never change. However I don't want to put myself in that situation again, mainly financially insecure. I have lived in dubai with no money in hand and a toddler to look after. So to go through that all over again no way. PLEASE help me sumobdy. I don't want my baby traumatised. She is in a healthy environment. I will not deny him seeing her but I want something where I call the shots. Somebody please help me. Every night I sleep in fear of loosing my baby. 

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