Can I get custody of my daughter after second marriage of my wife

25-Mar-2023 (In Child Custody Law)
Dear Sir, due to a family disturbance My Wife left my House and she has been staying with her Parents since 6 Yrs. My only daughter (1 child only) is 14 years old now. My wife is recently going to marry her maternal uncle's son (Who is also married and no divorce settled as same as my case). Dear Sir, my question is as I want to keep my daughter with me after my wife's marriage, so is it possible to take this action. Is their any law or how much legal my current wife has to keep my kid with her, My daughter loves a lot to me, but if she do not agree to stay with me leaving her mother, so can I apply force to bring her my house. Please help me to reply as soon as possible.
Answers (3)

Answer #1
949 votes
Dear Sir
You can definitely get back your minor daughter from the custody of her mother or your wife if it can be proved that she has got re married some one else. In this case you have to file a case before the court having competent jurisdiction.

Answer #2
570 votes
In this case I want to know have you any proof regarding remarriage? If you have then she must punished with adultery as per ipc.
2nd issue is children, in this case there is sufficient grounds for the child stay in fathers custody.
Answer #3
729 votes
Yes you can ask for custody of child , if your wife got married again . But when your case for divorce was not dispose of the the second marriage is a offence under the provision of I.p. c. But you have every right to claim custody

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 and has been responded by one of the Divorce Lawyers at to address the specific facts and details.

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