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Sara Joseph   14 October 2021

Fathers rights in child custody of 4 year old daughter without divorce

Hi,

My brothers wife and her family has been creating a lot of trouble since the last 7 years of their marriage. They have trespassed our property multiple times and shouted at my parents and my brother ina cheap manner and raised false aquisations. My sister in laws elder brother has even physically attacked my brother.

My brother and sister in law has a 4 year old daughter. My brother is very silent kind and have reacted very rarely to not at all toall these incidents towards him and our parents.


He has tried several times to correct his wife personally in their private space. Whenevr he tries to make her understand inhis very calmway of communication, wife shouts at himandduring some incidents have blackmailed him with scissors and knife for self harm infront of their 4 year old child. Their daughter has several times becoe scared and me and my parents have seen the 4 year old coming out of the room crying.

Brothers wife behaves in a much civilised way withmy brother and our parents whenevr she has any kind of conflict with her own family. And at the same time wehavewitnessed a drastic shift to a very stuborn and negative attitude once she has some major talk over phone or comes back home after visiting her parents and brother.

Recent incident happened after she came from home was all of a sudden she bashed out at my mother, snatched the 4 year old and beatup mymother in frontof my brother. Also verbally abused brother and my mother, packed her bag and went home. Therehas beejmultipleincidents whrher family is readily available to pick her up without even enquiring with us even once about what had really happened or atleast hearing out what brother has to say.

Right now we are all in acomplete dilama. My parents have never raised any complaint against sister in law or her familysimplythinking about the 4 year old child and to save my brothers marriage.

On the otherside, mysister in lawsfamily has beendoing and advising in every negtive way that coupd hamper my brother and in the long run their daughters family. There has even been occasions wherewehavebeen able to prove to them that sister in law in twisting up various incidents and lieing to gain sympathy and total support for herself.. Without even a single thought ofhow such liescould ruin an entire family.

My brother and my parents have now completely given up on making her understand for good since thelaat 7 years. Now they have reacged a point where their oly concern ia the happiness and wellbeing of the child. There has been several occasions where the aafety if the 4 year old has been at riak while with her mother. She has not even cared to feed her daughter in time. Mostly my brother is the one who feedsher food.

Its a very geave situation at my home. Please help and guide on what to do? My brother has not been able to even see his child since the last 3 months. His mind is completey disturbed and he us on the verge of loosing himself. 

Please guide on how he could get custody if the child considering the irresponsible, selfish and arrogant nature of his wife and inlaws?


 2 Replies

Dr J C Vashista (Lawyer)     14 October 2021

Too long a story, consult a local prudent lawyer for professional advise and necessary proceeding.

Otherwise, be brief and specific for obligation of experts on this platform.

1 Like

P. Venu (Advocate)     14 October 2021

Please post concise and material facts.


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