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samuel (data entry operator)     09 December 2016

Wife left with child

My wife often fight with me; Two weeks before we had a quarel and she say very trash things of me broke my phone by throwing against the floor and expressed she is totally unwilling to live as my wife before her relatives and my relatives, took the child and left to her mother's brother's house where her mother and grandfather live. Our only girl child is studying ukg in the place where I live. There is no word from her since then. There is no sign daughter was sent to school. I am not interested in calling her back or continuing the relationship, she wont come and it is impossible after knowing how much she hates me and being my wife. I don't think I will be given custody of child by court. What can I do for the welfare of child. When can I visit my child, because she is now in another man's house and I may not be allowed to enter. I fear I would have to give share of my property and income to wife if I seek divorce. Plz advice.


 3 Replies

Ms.Usha Kapoor (CEO)     09 December 2016

If the  child is below 5 years old completed you can ask  for visitation rights under HinduMinority and Guardianship Act READ WITH Guardian AND  wards act.If the child  has completed 5 yuears you can apply for child custody and guardianship under the above cited two acts.You should convince the court that in all aspects love and affection, financially better off, security wise etdc you are far better off than  the mother as the child's welfare is the  paramount consderation.If your wifde ia gainfully employed you need not pay much towards alimony.Youneed to return her Stridhan if not you will belaible  for criminal breach of trust u/s 406.But for the child you'll've to pay maintainance. till the child is 25 years old.If you appreciate this answer please give me all my profile likes.

1 Like

Sachin (N.A)     09 December 2016

You should file case of guardianship, you will be allowed visitation rights, voluntary bear the exenses of child 

It will in the intreset of child and it may ease your relationship

1 Like


Rightly guided.

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