Regarding minor child custody

child custody urgent help please
Hi sir,need your suggestion, My wife residing in overseas,and my minor child in india under custody of my wife parents.we both left overseas in april 2015 on student visa and i am on dependent visa left 6months old child under custody of my wife parents Since my wife was adamant that the baby should be left behind only in the care of her parents, I could not do anything but meekly budge.I suggested to my wife that the child could be brought to overseas as my income was more than sufficient for me to run the family and further suggested that my parents could also come for help to look after the child . But my wife stubbornly refused and made it categorical that the child would only be in her parents’ house until she finishes her studies. I always felt that the child should not be deprived of the love and affection of its parents.I had no other go than to come back to India for the sake of my child, who is now in the danger of being not properly brought up by the parents of my wife. Sensing that I would get custody of my baby from her parents, my wife has master minded, schemed, plotted and given a false DV complaint in overseas and me the summons through court,however i sent a suitable reply to it. their parents not allowing me to see my baby. i have e-mail evidence send my wife stating child will be brought up only by her parents till the completion of her studies and that me or my parents shall not demand custody of the child or bring the child to overseas.planning to launch child custody case against my wife and their parents under guardians and ward act section 12 and 25. any suggestions to get my child back. she still resides in overseas. Thanks in advance.

+ 91 9225510883


As your wife is residing overseas leaving her 6 month old child in India.. this clearly shows her carelessness towards her own child.. this is a strong ground for you to apply and get the custody of your child.

Adv. Yogen Kakade

Jurycon Incorporation

Advocates & Consultants

Total likes : 1 times



If you live here or abroad, you will definitely get the custody of the child and your right is preferable than her parents' right to have the custody.  Go ahead and get the custody of the child.  But do not say I have not cautioned, that your child custody success may exacerbate your wife against you triggering for matrimonial bickerings and snow balling into..... you know what. 

Total likes : 1 times


hi sir, thanks for your reply, please clarify me this as well. is it possible to appoint her parents to appear in front of family court on behalf of my wife? how importance it is to appear for hearing, as she is the 1 respondent and her parents 2 & 3? if she didn't turn up for couple of hearings can i ask judge to set exparte order? how to speed up the process? thanks in advance




Your are not logged in . Please login to post replies

Click here to Login / Register  


  Search Forum



Post a Suggestion for LCI Team
Post a Legal Query
CrPC MASTERCLASS!     |    x