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Mother has taken daughter with her not wiling to return. What to do?
02-May-2023 (In Child Custody Law)
Need assistance for my brother. He is married for 12 years and has 2 kids and his wife is hugely influenced by his mother in law. Their son and daughter left them due to her interfernce. My brother's wife has picked up a fight and left for mumbai with his daughter and says will never return.
My brother's daughters school has opened and she has been missing school for almost a month. They plan to put her some local, low standard school in Mumbai without taking a TC.
Need advice how to bring back the daughter as she is studying in a very good school in Delhi.
Your brother's wife does not have the right to take their daughter with her to Mumbai without the consent of the husband. Your brother can file a petition for the custody of his daughter and depending upon the facts and how well your brother presents the case, the court shall decide as to whom the custody should be granted.
Your brother can also file a petition for restitution of conjugal rights if he wants to stay with his wife or for a dissolution of marriage on the grounds of cruelty if he wants a Divorce. Your brother's wife's actions clearly amount to mental cruelty.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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