kunal shah (sales manager) 24 March 2013

Custody of my 3 year old

i am married to my wife last 4 years and also have a daughter of 3 year old, due to a fight at home my wife left the house along with my daughter at my inlaws place in another city without informing and now does not come back, my daughter is suffering due to this as all her routine is here in pune and she has taken her to mumbai, i want my daughter back and even her school is here. i dont care if my wife does not want to come, pls tell me what can i do? is it possible to get my my daughters custody.

Reply Follow

7 Replies

chiragwarm@gmail.com (chiragwarm@gmail.com) 24 March 2013

Nobody in this forum can give you a detailed suggestion without knowing some facts. It's a very sensitive matter to be discussed here & I request you to consult a reputed law firm in your city.

adv. rajeev ( rajoo ) (practicing advocate) 24 March 2013

If you want custody of the child you will have to file a case under the guardian and wadship act, but some decisions of the courts are that mother is the proper person to take care of the child. So think about it and it is better to comrpomise for the welfare of the child

kunal shah (sales manager) 24 March 2013

my inlaws have a small house just 1 rk and my father in law is a retired businessman, also my brother inlaw doesnt earn so much where as i am into a family business doing very well and my parents also own a ver big house where we stay. also her admission is already confirmed in a school here in my city

(Guest)

You are a Hindu then in your case Hindu Minority and Guardianship Act, 1956 will be applicable.

Section 6(a) of the Act provides that custody of a minor who has not completed the age of five years shall ordinarily be with the mother;

But Section 13(2) of the Act provides that, no person shall be entitled to the guardianship by virtue of the provisions of this Act or of any law relating to guardianship in marriage among Hindus, if the court is of opinion that his or her guardianship will not be for the welfare of the minor;

So you can file a case under section 13(2) of the Act, but you will have to prove that guardianship of your wife will not be for the welfare of your daughter..

Anudeep Bedi (AM) 24 March 2013

Hello Friend. I am sailing in the same boat. The best option is to compromise. In case it is not possible, as mentioned earlier, file a case for custody but kindly ensure the law also says the case can be filed in the jurisdiction of that court where the child ordinarily resides. I dont know where do u stay. How much time has passed after your wife desearted you? so file the case immediately..coz she will not easily accept the summons of the court and it will take a long time to start the case. All the Best

Anudeep Bedi

9911149509