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Karan (Engineer)     04 September 2015

Wife demanding to meet daughter

Wife left me and daughter 3 months ago. 2 months ago she called me and asked to send monthyl expenses to her, which I denied and asked her to take it legally. She called daily to me so that she can talk to my 4 year old daughter. My daughter is happy with me and hardly show interest in her mother to talk or meet. Since my wife asked for money earlier and I am almost sure that if I will allow her to meet my daughter, she will take daughter away from me and then she will file for maintenance case. Wife started forcing me to allow for meeting with daughter. I am rejecting her request regularly. I asked her to meet daughter only in school. For wife that is not enough and she demands to live with daughter for 3-4 days. which I cannot allow. Now my question is that what legal actions she can or would take to take daughter custody from me. If she gets custody later she will be definitely demanding lots of money for living at her parents home... pls suggest asap.

Br//



Learning

 6 Replies

KS Johal   04 September 2015

She will definitely apply to the court to have contact with your daughter. This is because she is only 4 years old. The court may involve in mediation service in which children and families mediate to find solution. If this does not work then the courts will allow contact between your wife and your daughter. Then over a period of time they may allow her to stay with your daughter. This all depends how the case develops. It also depends why this separation has happened in the first place. KS Johal ksinghjohal@yahoo.co.uk
1 Like

saravanan s (legal advisor)     04 September 2015

its better to arrive at a compromise because courts will usually favour women as the natural guardian in child custody cases as she is less than five years of age and also a girl child.she can claim custody of child through guardian and wards act. she can claim maintenance from you u/s 125 crpc and also interim maintenance for the time being even if the child is not living with her.only if you can prove that she voluntarily left the matrimonial home or she worked out some agreement with you to live seperately or if she is earning enough to sustain her living and is capable of leading a comfortable life you cant deny maintenance to her
1 Like

(Guest)

For a kid, both are necessary, try to cohabit with stubborn wife and ask her to med ways for the sake of kid than rather roaming to court halls and come and stay with you and the dotter.

 

Like that all be happy.

 

Or if she refuses to do like above………..

 

Don’t let your daughter meet her mother at any cost.  Women like her are bad examples for kids of tender age.

 

Why did she leave and go in the first place?

 

She should not have, if she had so much love for dotter.

 

Here she can file G&W case, but by the time it comes for hearing your dotter will be 5 years, and the court will ask the kid whom she wants to go with and stay, so now the ball is completely in dotters hand, and you can convince her who to be with from now on.  That way you will save the kid from learning bad things from unethical mother.

 

1 Like

Karan (Engineer)     04 September 2015

Due to regular quarrel between us she left me. This time she decided to leave daugther as well. She looks for easy life... no cooking, no work...eating out.. holidays, even she refuses for intercourse oftenly. They (wife and her family) insult our culture. They call us rudiwadi since we adhere to traditions. I want good family including parents and siblings, but wife doen't mingle and quarrel with everyone in my family. Since last time when she left me, she had filed 125 case and after 11 months of separation I asked for compromize. In that 125 case interim order was there of 15K. They are very greedy people and she demands cash money ever when she lives with me. I can't cohabit with her else my life will be vanished. She forces for each of his wish and then I have to adjust with her. This way I can't live happily. Even she is not a good mother. I want to get rid of her, I am very good father..taking care of my daughter well along with my old Mom. She denies for MCD, even when I talk about alimoney and I am sufferring alone. Shall I file divorce case on Mental Cruelty Ground.. I am expecting she will be taking legal action against me to extract money ??


(Guest)

Legally she can do anything and you cant do anything.

 

Take firm decision and stick to it, either take her back or file for divorce now itself before she makes some move legally.  Eitherways its a lose lose situation, if you do nothing you lose, if you do something, stil you loose. So better do something and lose than doing nothing.  The society is filled with N number of women like this.  Talking does not do the trick here but prompt advice from her useless parents should do the trick.

 

Upbringing is not proper, wife should cook and look after husband and kid.  Now you cant change her, you an change wife. That much u can do.  Dont think too much about dotter or else you will be left out shagging for the rest of your life.  

 

Stop crying.  Send RCR notice today asking her to come back.

And wait till she comes back (1-2 months) then later on file divorce after RCR comes in your favor.

 

Women like these are a disease to the society.  Better luck next time.

 

_______________________________

 

You file RCR or divorce nothing big will happen.  She will approach some lawyer and they will suggest file that case this case etc.  End matter is you will keep roaming to court for 10-15 years, divorce, alimony, custody of child, visitation rights blah blah warrant issue, NBW etc etc.  better go for MCD by paying 1 shot alimony and get rid of headache wife, if possible give dotter to her only so that she will teach her a proper lesson all way long when she grows up and becomes a pain in her arse for lifetime.

1 Like

SuperHero (Manager)     04 September 2015

Legally she can do anything and you cant do anything.

When are these Laws going to Change. Will the Daughter who is 5 years old understand Laws, Child Custody, Visitation rights, Courts, Law and other stuff.

I think when she grows up she may not marry or not be like her mother and she can easily become a Family Lawyer by knowing all the Sections in the Law.

Sorry Karan, Day by day this type of cases are increasing. Wish you Good Luck.


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