Anonymous
in Family Law Civil Law
Asked November 09, 2017

Wife wants divorce and is not letting meet daughter

  • 11 Answers
  • 66 Views

My wife is working in civil court and over small issues wants Divorce.. Love marriage of 12 years and having 7 yrs daughter.. she is not letting me meet my daughter and not allowing any time spent together.. I used to take care of daughter as she was in her office from morning to Evening earlier... What should I do ? I want to take care of my Daughter while wife is on the job at her office... And living separate in the same city as Wife is not allowing me to do it. Need Solution for this

Answers 11

Being the father you have every right to look after and take care of your daughter and also to shower all love and affection upon her. As per law after the age of 5 years of child father is the natural guardian so file a case and claim custody of your daughter and in the case file an interim application claiming interim relief to meet the daughter in public place like court etc. Siddharth Srivastav, 9811776422

Agree Comment 0 Agrees 4 days ago
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Please file a petition for Restitution of Conjugal Rights, if you would like to continue your marriage bonds. Otherwise go for Divorce Petition. You will get divorce on the ground of cruelty by wife. You get divorce within next 2-3 years and lead happy life after marrying another woman.

Agree Comment 0 Agrees 4 days ago
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Please file a petition for Restitution of Conjugal Rights, if you would like to continue your marriage bonds. Otherwise go for Divorce Petition. You will get divorce on the ground of cruelty by wife. You get divorce within next 2-3 years and lead happy life after marrying another woman.

Agree Comment 0 Agrees 4 days ago
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Children are fragile, handle them with care. If divorce is inevitable, bitter battles cannot be the option to settle issues of child custody and access.  If possible settle the matter amicably. 

Section 13(1) (i-a) of The Hindu Marriage Act, 1955 provides cruelty as one of the grounds for divorce and party seeking divorce must prove that it has become impossible for husband and wife to live together.

In the proceedings related to custody and visitation rights of the minor children, the interest and welfare as well as the desire and decision of the minor children is of paramount concern and should not be based on the ego satisfaction of the warring parents. Child custody is a term used in family law courts to define legal guardianship of a child under the age of 18.

During divorce or marriage annulment proceedings, the issue of child custody often becomes a matter for the court to determine. In most cases, both parents continue to share legal child custody but one parent gains physical child custody. Family law courts generally base decisions on the best interests of the child or children, not always on the best arguments of each parent.

The custodial parent will be the primary caretaker responsible for the emotional, medical and educational needs of the child and the non-custodial parent who does not lose the rights over the child will have the right of access.

Guardian and wards card are empowered to determine the issue of child custody. Mothers and fathers both have a prominent role to play in supporting the growth and development of their children. The basic opinion of the child and the mother is highly ignored while determining the custody of the child.  Family law courts generally base decisions on the best interests of the child or children (welfare of children), not always on the best arguments of each parent.

  • Permanent Custody
  • Interim Custody
  • Visitation Right                
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    Agree Comment 0 Agrees 3 days ago
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    Dear Sir,

    File child custody petition in the family court of jurisdiction where you both have last resided together and state how your wife's negligence towards your daughter is ruing your daughter's wife and also convince the court how best you can provide quality life to your daughter in terms of food, shelter, education etc. If the court is convinced of your contentions and arguments, it might grant you the custody of your daughter. If in the event that the court is not convinced and come to a conclusion that your wife is a better person to take care of your daugther, then the court will grant you visitation rights. Please feel free to contact me if you need any further clarification.

    Advocate B.Srikiran

    Hyderabad

    +919618069453

    Agree Comment 0 Agrees 3 days ago
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    First you convince your wife and get settled the dispute between you both. Convince her on account of your daughter. If she is not agree and want divorce from you and did not want to cohabit with you, you can give divorce to her and request the court to permit you to meet your daughter. Because your daughter is only of 7 years therefore you can not seek her custody till she attains majority. One more reason that your wife is serving and able to provide economical support to your daughter therefore the court will not give you custody of your daughter but certainly permit you to meet her.

    Agree Comment 0 Agrees 3 days ago
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    U may file petition for custody of child. or file petiton for request what you are making here in the court of law i.e. same question to court

    Adv. Bharat Kothari

    9322523623

    Agree Comment 0 Agrees 3 days ago
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    File a petition for restitution of conjugal rights or give consent for divorce and lead happy life. Draft effective petitions will be prepared by me on nominal professional fee. 

    Agree Comment 0 Agrees 3 days ago
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    File divorce by mutual consent. If not file restitution. File GWOP to obtain visitation rights.

    Agree Comment 0 Agrees 3 days ago
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    Hi,

    It appears that as yet no court case is filed either of you against each other. Under such circumstances, your wife only threatening you that she wants Divorce. It also appears that you are free during day time when your wife is in office, so you want to take care of your daughter. From all this, what is clear is that you will have to take initiative to approach the court for visiting rights. You being father is natural guardian of your daughter. Your daughter is 12 years old hence if you desire you can also approach court for "Custody" of your child. Even if your wife has filed for Divorce, you can still file for custody of your child. However, it is always better to settle things sitting with family elders. 

    Agree Comment 0 Agrees 3 days ago
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    Respected Sir

    To Write the Whole Answer is not Possible for Me. As you may also write the Question only not the Situation.

    Kindly give more facts about the situation. Since you have a specific query, We need to have a detailed discussion in order to provide an effective remedy.

    Better Advice can be given you only after having detail discussion with you and after going through your File, as there are possibilities.

    For further discussion & information about your case feel free to CONTACT me on Nine Two Seven Eight Four Five Seven Eight Two Two

    Regards

    Adv.Shuchi Agarwal

    (B.Com., Ll.B., Ll.M.)

     

    Agree Comment 0 Agrees 3 days ago
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