to get custody of my daughter & counter case in Divorce case

644 votes

You need to file under: Guardians and Wards Act, 1890 And/or during the divorce matter itself. Your advocate will file for: Custody, or 4G 54 Visitation rights (if full custody is not possible initially) Step 2: Show Why You Deserve Custody Collect strong proof of: Your income & ability to support the child A safe living environment (home, school access, family support) Mother's negligenc

Advocate Prashant Gupta LawRato

962 votes

You can place all relevant facts before the court in your written statement/reply, including allegations of the wife’s adulterous conduct. However, the alleged adulterers cannot be made parties to a divorce case unless you are filing a counter-claim for divorce on the ground of adultery. Even then, they are generally not necessary parties, but you may seek permission to implead them only if required for proving the ground. Regarding custody of your daughter, under Indian law, the paramount consideration is the welfare of the child. You may file a petition under Section 26 of the Hindu Marriage Act or Guardians and Wards Act seeking custody or at least interim visitation rights. Courts consider factors like the child’s age, safety, education, financial capacity of parents, and overall environment.

Advocate Saylee Chaudhari LawRato

873 votes

kindly consult with an advocate in person and in detailed kindly consult with an advocate in person and in detailed kindly consult with an advocate in person and in detailed kindly consult with an advocate in person and in detailed.

Advocate Santosh S. Gaikwad LawRato

977 votes

Child Custody - How to Get Custody of Your Daughter A. Where to Apply You can file for custody under: Section 7, 9, 17- Guardians and Wards Act (GWA), 1890 Section 26 - Hindu Marriage Act (if you are Hindu) Muslim Personal Law (for Muslim parents) Usually mother gets custody (Hizanat) of a girl child till age 7, but courts decide best interest even after 7.

Advocate Mahrukh Khan LawRato

812 votes

If she has filed 498A, divorce and domestic violence cases against you can simply go to the High Court in each of the cases and get a stay order in all the criminal proceedings. As it clearly shows her intention to harass you and extort money from you. first of all you need to make an application for joint custody of your daughter if you need it while filing your reply in dirvoce case. You can mention the adultery and by her in that case. there is no counter claim in divorce even if it is there, it won't be useful because the aim of divorce is to grant divorce. Your remedies are If you want to include the name of two men with whom she had an affair you can file a civil case against your wife and two men for damages, compensation andan injunction from further contacting you and your family including the daughter. you need to file 2 cases from quashing of 498A and Domestic Violence case in High Court. If you own any property together file a civil suit, that will stop her from selling that property. If you have parents residing with you, you can tell your parents to file complaint with senior citizen tribunal that you and your wife is not maintaining them and are neglecting the needs of your parents. senior citizen tribunal can grant protection orders monthly maintenance and position of the house to your parents. which will help you in your divorce processings that will directly stop your wife from taking any action against you and your house. if you want to call her back and filed divorce, you can also file restitution of conjugal rights for calling her back in the matrimonial home. and rather than doing all this there is an also an element of settlement through the relatives common friends or Court provided compulsory counselling. you need to know that she is being aggressive with you in litigation so you need to be aggressive as well rather than being defensive and defending yourself you need to start filing in all your legal remedies one by one or all at once, which depends upon each of the cases which will be decided after going through the files only. There are many other legal remedies as well if pursued properly for husbands.

Advocate Moksh Jain LawRato