quesChild custody without divorce

advise to get child custody without divorcing my wife, my in laws have taken away my wife and have not contacted me or my family since then, they took away the child and my daughter through police station, I am ok with visitation rights as well , I love my wife a lot, I don't want to hurt her, all I want is to take care of my child's future and be able to see meet touch and play with her and to bring her to my house under child custody

  • ansThe option available with you is to file a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act 1955(assuming you are a Hindu). 
     
    Section 9 of the Hindu Marriage Act 1955 has been explained below for your understanding:
     
    Section 9. Restitution of conjugal rights - When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.
     
    Hence this is a legal way wherein court will direct your wife to stay with you.
     

  • ansYou have not mentioned in which proceedings you have recevied the visitation rights.You also need to mentioned as to how old are your children.There is a limit of age in which the mother can only have the custody of the child,thereafter after that age you can seek the custody of the child from her through court.If she has not stated any reason for staying away from you then you n file the petition for restitution of conjugal rights thereby directing her through court to stay with her.

    Advocate Ritesh Isaac

      Bengali Market, Delhi

  • ansYrs it is possible to ask for the custody of child withhoit divorce proceedings but before granting custody court consider certain fact.but in any case u r sure to get visitng rights.

    Advocate M S Hussain

      District Court, Saket, Delhi

  • ansThe option available with you is to file a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act 1955(assuming you are a Hindu).

    Section 9 of the Hindu Marriage Act 1955 has been explained below for your understanding:

    Section 9. Restitution of conjugal rights - When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.

    Hence this is a legal way wherein court will direct your wife to stay with you.

    Advocate Sudershani Ray

      Kailash Hills, Delhi

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Child Custody Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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