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Anudeep Bedi (AM)     24 February 2012

Custody of of 2 years girl to father

Respected Learned Lawyers,

In my case, my wife took away my 13 days daughter (born on 21/02/2010) from my house to her mothers house with her. She did not wanted to return. On the intervention of the mediator who fixed our marriage, I shifted to his house on rent and called my wife and daughter to stay with me. On the pressure of the mediator, she came and started living with me. She stayed for 6 months and left the house along with my daughter in my absense. Her mother stays at Gaziabad in october 2010.

I tried to pursuade her to come back but all my efforts went in vain. Finally, I filed a case under secition 9 for RCR in Delhi, she delibrately avoided to receive the summons and filed a case under section 125 at Gaziabad blaming me that I ask dowry and to fullfil my greed, I bring my friends to her to have s*xual relations with her. She has been thrown out of the house and is not able to maintain herself and the daughter as she is staying with her widow mother.

Some how, I was able to deliver the summons of my RCR case. She filed an application under section 24 along with the reply. I requested the case to transfer the case to medaition cell and it was compromised that we will give one more chance to each other and will stay together at some rented house and she will withdraw both the cases i.e section 125 and 24.

I shiftet to new house in august 2011and did all my efforts to save the matrimonial life for the sake of my daughter. I even came to know that she had not given the necessary vaccination to my daughter during the time she did not stay wih me. I immediately did the needful.

But again on 3rd February she left the house and again took away my daughter and is not letting me meet her.

Now i want to file the case for the custody of the child. What are the chances. She is merely a graduate and her mother is widow and staying at gaziabad. She has two brothers who are staying some where else.

I am MBA and a govt. servant. My parents have their own house at dwarka. My mother is pensioner and my father is dependant on me.

I can bring up the child far far better than her mother. What are the chances of getting the custody? Where can i file the case for custody

Please advice me ASAP. Thanks for your time and concern.



 34 Replies

Sanjeev (Lawyer)     24 February 2012

Custodu would be difficult to get its very recent that she left you try and reconcile and start living together

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     27 February 2012

very difficult case, face the legal trademill and try to settle again.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 March 2012

how would you take care of a 2 year old chils





Shonee Kapoor


Anudeep Bedi (AM)     05 March 2012

I can take good care as i know how my wife was ill treating my child. I can take care of my child much better than her with the help of my father and mother who are well educated and eager to give their love and affaction to their grand daughter. Please advice if any. 


Thanx n Regards

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 March 2012

Good, if you have evidences of ill-treatment, you have a stronger case.


Shonee Kapoor

Anudeep Bedi (AM)     06 March 2012

she did not get my daughter vaccinated during the period she was staying away from me. when she united with me i got the vaccination done and now when she had again left me, idont know whether she is doing or not.

I have a voice recording wherein she is telling my baby that ''ye tere papa nahi hain, tu idar aa jaa. ye to 15-16 saal ke bachon ke papa hain' she is calling my daughter not to stay with me but my daughter is continuesly refusing to go to her.

can any of these things help. i also hv mentioned that she filed a case under sec 125 and 24 stating that she does not have any source of income as she is residing with her widow mother who herself is not having any source of income.

Can therse points help? upto what extent?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     07 March 2012

Unless you start the process of getting the custody, you are not gonna get it.





Shonee Kapoor


Anudeep Bedi (AM)     17 March 2012

I have filed the case and i will keep posting the proceedings. please help me to win my case


Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 March 2012

All the best.


Shonee Kapoor

Anudeep Bedi (AM)     29 March 2012

Dear mr. Kapoor,

Thanx for your wishes. As u said that you also filed the case for custody when ur child was 2 years. If you dont mind can u please share that : the child was in whose custody at the time of filing the petition and ur what was ur wife;s status i.e monitory wise/education wise//job/house etc.

Thanx n regards

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     30 March 2012

The minor was in the custody of my wife.


She was quite educated, but when I filed for custody, she was not working.


The main ground of the custody petition was that my child was suffering from a congenital condition called Hydronephrosis.





Shonee Kapoor


Anudeep Bedi (AM)     30 March 2012

Thanx kapoor saab once again.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     30 March 2012

Never mention.,





Shonee Kapoor


Anudeep Bedi (AM)     06 April 2012

My date of hearing is tomorrow and I am sure that my wife will not appear and mst have returned the summons due to some reason. However, my question is that can she ask for money/maintainence for her or for the child in this case or she has to file an other one? in case she asks for the same will it not go against her as it means she is not capable of bringiing up of the child.

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