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?

Answers (1)

354 votes

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.

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