Custody of the child

if your wife has left you 14 months ago make an application to court for restitution of conjugal rights . if she agrees you will get your wife and daughter back . in case she refuses that cna be ground for divorce . you are entiled to visitaion rights . you cn aalso apply for custody of your child . in any case court will grant you visitation rights . consult a local lawyer

Don't file Restitution case if you are not willing to stay with the lady. For Child visitation file under Guardian and Wards Act, 1890. Which city the case is in?

I agree with shonee kapoor's advice.  There is much force in his advice that asking you not to file the RCR, if you are not intended to stay with the lady.  I also advice the same, even though the reasons behind our pieces of advice may be different.

You and your wife both appear to be very decent and sophisticated and I draw that conclusion on the basis of your posting.  Then in the end portion of your posting, which I reproduce below, stumbles me:

I also have heard from her relatives that she would not be willing to give me a divorce.

Why at this stage, after 4 years of marriage, you rely on the information supplied from her relatives.  Why do not ask her directly what does she want to do in future?  Either to maintain matrimonial relationship or divorce?  Get a categorical reply.  Only on that basis, your further action depends.

If she says that she wants divorce, then go for mutual consent divorce.

If she says that she does not want divorce, but you want divorce, then go for contested divorce.

If she wants the situation as it is today, neither does she give divorce nor resume cohabitation, then you have to follow up a case under Guardian and Wards Act, 1890. 

For getting custody of child, if you have a divorce case pending, there you can file interim application.  Otherwise, you have to move an application under Guardians and Wards Act, 1890 for custody of the child.  It is statutorily provided that till the age of 5 years, the child's custody will be with the mother.  But you have visitation rights as father.  So, for visitation rights, you file interim application along with main application for child's custody.  The i.a. will be taken up at the first instance and you will be definitely given certain relief as far as visiting the child is concerned.  Keeping in view of the welfare of the child, the court will pass appropriate orders in respect of visitation rights and finally custody of the child.

Wish you best of luck.

Hi All,

 

Thanks so much for your advice & apologies for the late reply.

@ Chandu: Yes you are right both of us are well educated & do come from decent & educated families. I did try to talk to her, we did meet quite a few times in this last 14 months to sort out our issues, in fact just last year when I had finalized a house to buy, I had taken her & showed the new house as her birthday gift, but as they say when their is ego in front of you, nothing else can be seen. Last I met her a month back to again sort out things between us, if not for our sake atleast for the sake of the kid, I want my kid to get a very decent family life, not that my wife & her parents are not taking care, but as the kid grows it would need a right family atmosphere where the kid would lear to share, care, etc. In fact when i last met her, I cried in front of her while talking about the kid, which she in fact later termed as emotional drama, which made me take this drastic step of thinking about divorce & the worst thing is she does not let me take the kid to my house & spend some time with her. She is fine with me going to her parents house & meeting the kid, which I am not comfortable at.  I would like to know what does restitution of conjugal rights  means & what would happen if I file one & also regarding visitation rights, can i get my daughter home for couple of hours once a week & return her back to my wife. I can go to her parents house & forcefully take my daughter home, but i do not want to do it because i do want to cause any phycological effect to my daughter at this tender age. I just want to be able to spend sometime with her every week at my place. I hope you understand my love towards my daughter. I am living in Bangalore.

 

Thanks again for your time.