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want divorce and need legal custody of daughter


13-Aug-2023 (In Child Custody Law)
we are separated from last 1.4 yrs., never met, but sending few amount on his bank account for her usage. have daughter of 3 yrs. reason is - she and her family started blamed wrongly on most of the issues, she treated my parents very badly, tried to ran out from from but i did not allow and called police and her family also is uneducated people and create nuisance one night due to which we called police and informed at police that will not taker her home back, since then she did not turned. If i want to take her back, can is there any legal process, where i can take something in legal, that she has done wrong in past and will not do in future to make her little fear so that she and her family will not do anything wrong with me and my family. we married for 6 yrs. if not how can i take the custody of my child permanently.
Answers (3)

Answer #1
515 votes
You have to decide first what u want to do..... First... If u want her back then u can file a case of Section 9 of Hindu Marriage Act, 1955 (HMA) which provides for restitution of conjugal rights And second if you dont want her back then file a case of divorce Matter of custody of daughter depends on the fact and circumstances.....
Answer #2
940 votes
Sir, if you want to bring your wife back in your life, you can file a petition under section 9 of Hindu Marriage Act. In case your wife refuse to join your company before the Hon'ble Court, then you can file a petition for custody of your child.
Answer #3
756 votes
Dear,
You have a right to file a suit for seeking custody of your child. And you can also file a suit, asking your wife to join you in your house. For child's custody, specifically female child you need to have a very strong reason, where you have to prove that you are a better parent than her mother for her.

Regards,
Arpit Jain
Advocate

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 Divorce Lawyers at lawrato.com to address the specific facts and details.

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