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Guardianship and Child Welfare


23-May-2023 (In Child Custody Law)
I am in a troubled marriage where wife prefers to live with her parents while I live alone in the same city close by to ensure I do my duties as a father. My daughter is 2.5 years old and I get to visit her at the whims and fancy of my wife. Please understand I have to withstand humiliation and disrespectful behaviour just to make sure I can meet my kid. Anything can trigger an episode of abuse towards me and its a constant fear I live with. I have been taking care of my kids expenses and demands of my wife and wifes healthcare despite her earning more than me. Most recent incident is when I was bed ridden and ill and could not obey her orders she has banned me from meeting my kid and threatens to call police and create a scene if I go there. Its has been more than two months that I am estranged. She is extorting me for money if I ever want to see my kid again. What can the legal system do for me here? I hear and read a lot of pro women laws, what can the law do for me here?
Answers (1)

Answer #1
837 votes
Hello you can file petition for restitution of conjugal rights under Hindu marriage act. As a father you are the natural guardian and have visitation right to child as per law for which you can seek court directions. If wife is working and able to maintain herself you may abstain from paying for her maintenance but it will depend on the merit of the case. You don't have to be humilated as you have legal rights as husband. If she is threatening to register false cases you can take corrective actions in advance as per law to avoid unnecessary harrasments.
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