quesWife making false allegations and left home. How to get her back?

My wife is making false allegations that i am trying to kill her and giving her medicines. Whereas i have done nothing like that. Now she has left our house and is staying with her parents along with our daughter aged 1 yr old. Now what should i do to get her back? and if she files for divorce can i get the custody of our daughter?

  • ansIf your wife files for divorce, you will not get custody of your daughter and under law the natural guardian of a girl child is the mother and in any case, any child under the age of 5, the custody is with the mother.

     

    Its called the Tender Age Rule. But having said that, if your wife files for divorce, you can always file an application for visitation of the child.

     

    In addition you can file a Petition for restitution for conjugal rights if you want your wife back. 

     

  • ansTo bring ur wife back u can fiile a suit and in case of divrce proceedings u can ask for ur daughters custody u will certainly get right to meet ur child but as to custody usually it goes in favour of mother except in exceptional cases

    Advocate M S Hussain

      District Court, Saket, Delhi

  • ansIf your wife files for divorce, you will not get custody of your daughter and under law the natural guardian of a girl child is the mother and in any case, any child under the age of 5, the custody is with the mother. Its called the Tender Age Rule. But having said that, if your wife files for divorce, you can always file an application for visitation of the child. In addition you can file a Petition for restitution for conjugal rights if you want your wife back.

    Advocate Arjun Vinod Bobde

      Supreme Court of India, Delhi

  • ansyou can file restitution of conjugal rights petition for her return. divorce has nothing to do with custody. however asking custody of a child below 5 years that to a girl child is very difficult for father.

    Advocate Gaurav Malhotra

      Bengali Market, 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 Divorce 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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