Wife is separated i want to take my daughter for my family function

Question

Wife is separated i want to take my daughter for my family function

14-Feb-2023 (In Child Custody Law)

My wife is separated from me and not willing to be with me and also not ready to give me the divorce.. She took my 3.5 years daughter with her and also got settled with her brother who is married and their parents are also living with them.. She doesn't even want my daughter to meet me even.. She doesn't call me nor she make me talk to my child. My younger brother marriage is in April so I want my wife to be present and if she doesn't come at least my daughter should be with me.. Do I have the rights to take my child from her for a week or so if she doesn't come?? please help..

Answers (4)

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 Divorce Lawyers at lawrato.com to address the specific facts and details.

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Adv. Satish Bhati Adv. Satish Bhati

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Advocate Tushar Bahadur LawRato · Accepted Answer · 2018-02-14T20:28:19+05:30

Answer #2

Dear Client, As per your query I am not able to understand your exact issue. Are you looking for divorce or you want to live with your wife. Futhermore are you looking for the custody of your child? If you need any other legal assistance for the same feel free to contact. Regards, Tushar Bahadur, (Advocate).

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LawRato LawRato · Accepted Answer · 2018-02-14T22:30:48+05:30

Dear client Yes, you have legal option to get your wife and daughter back. You can file habeas corpus writ petition in the high court directly if your wife and daughter are in illegally detention. By filing aforesaid writ petition court will summon to the respondent (her father/mother or the person whose house the carpus is currently residing in) to produce the carpus before the court. Thereafter the concern high court will record the statement of carpus. If she will express the desire to come with you before the court then court will give you the custody of corpus. In case* she deny to come with you then it would be also good and helpfull for you in the trail of 125 cr.p.c.*(if she claims). For the best advise you can call me via fone call or meeting. Akash Sharma Advocate, High Court, Allahabad.

Advocate Tariq Anwar LawRato · Accepted Answer · 2018-02-15T14:28:18+05:30

Answer #4

In your case you may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree and you may also file a case for a custody of your child. If you still have any question then book a consult on phone.

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