Can I apply for custody of my daughter
wife deserted me in April 2014. In December 2014, she sent me mcd under 498a. Till date 24 dates have passed of which 15 dates she has remain absent. She is staying with married person having illicit affairs with him. My daughter since then is with her father who is drunkered and violent. judge is saying that she can apply for mainteinance for daughter. judge has rejected maintainance for her since she is educated and earning. My salary is 10,000 pm. At the most how much maitenainance can she claim for the daughter, is there is chance I can apply for custody of daughter and get her custody?
There is no fixed amount that can be claimed for maintenance.
You can claim custody of the child under Hindu Minority Act and guardianship act 1956.As per the said Act custody of a child up to 6 years stays with mother however after examining the paramount welfare interest of the child custody of the child can be given to father
Firstly, it is unclear if you are divorced from your wife or just separated. Maintenance will be decided by the Court keeping in mind all factors such as your income, age, child's age etc. Secondly, if you are divorced, then for custody you can file a case under the Guardianship and Ward Act and contest the case. But if you are not divorced, then you can file a complaint with the Police Station that your wife has taken your daughter without your consent.
Advocate Asha S AnandGandhinagar, Bangalore
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