Child Custody Rights of a father before divorce


My wife is living separately since past six months.Neither of us have applied for divorce.Due to health reasons,my wife left my daughter at her mother's place which is about 1000 km from my place.I tried to convince her but she refused to bring our daughter back.My daughter was living away from both of us for more than a year.I went to her mother's place and brought my daughter back.Knowing this, my wife travelled to her mother's place and filed a DV case against me.Per online status,court issued exparte order to handover my daughter to my wife but I never received the order.How to deal this?

Answer

You can challenge the exparte decree passed against you from the Court, you need to justify along with a proper justification that you never received any summon or notice from the Court due to which you could not attend the proceedings. You can file an appeal for child custody and challenge the orders of handing over your daughter in the appellate court.

 


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Child Custody Lawyers

Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Saifuddin Saifee
Maharani Road, Indore
18 years Experience
Advocate Jai Shiv Darshan Giri
Santoshi Nagar, Ring Road Chowk, Raipur
14 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
18 years Experience

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 contact a Lawyer of your choice to address your query in detail.


Related Articles


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Similar questions

Me and my wife has got married with muslim law. my child is 3.10 years old, me and my wife is under separation, and i have taken my son from his schoo…

Read More

Dear Sir What does " nature of dispossal uncontested dismissed" mean? Not pressed Thank you in advance…

Read More

Mother expired on 21 March 17 of the child named Rugved aged 13 months the custody required by his father. Religion Hindu…

Read More

What will Happen if both the parents are not willing to keep the custody of the child?…

Read More

Talk to a lawyer for your legal issue