1.In most of the marital discords of this nature we generally see initiation of criminal prosecution from the end of wives to she can restrain her husband from exercising his general marital rights. in your case it is absent prompting me to presume that there is still a scope of conciliation.I would advise to keep patience and solve this amicably. Do not force things to get your wish fulfilled just now.

2. Divorce should be avoided as long as your wife does not want that amicably. If she does then you can go for mutual divorce. Since she is co-owner of the house, she is entitled to half share of it where she gets divorce or not.

Focus on first mutually setting the dispute. After that you can strive to enforce your right as father of the daughter through court of law. Good luck.

1. As lawyers we articulate our views only on the legal and not social implications of an individual's action. You have the right to seek the custody of your child by filing a case for child custody in the court. Since your wife took the child away without your permission you can even move the High Court for her release.

2. Since you apprehend that your daughter may be whisked away by your wife's brother you may seek an injunction against him.

3. As of now your wife has not lodged any police complaint against you, so it is entirely a personal dispute between you and her, wherein police has no role to play.

4. If you intend to end the marriage then you may file for divorce on the ground of cruelty by your wife.

5. She has the right to deal in the manner she desires with the property that is registered entirely or jointly in her favour.

1) the mistake you made was buying property in joint names . now your wife is 50%owner of the said flat .

2) if you stop paying loan installments flat would be auctioned by the bank . best option is to sell the flat repay the loan and split the sale proceeds equally

3) as far as your wife is concerned if you dont expect any chances of reconcilation file for divorce by mutual consent .

4) in the consent terms clause as to visitation rights for your daughter can be incorporated .

5) you cant go and stay in flat wherein her parents are also residing . you would be at their mercy and subject to constant intimidation

1. You have not mentioned what is the age of your daughter,

2. However, you shall have to decidecas to what do you want? Do you want to continue with thie relationship or call it off be waht may, even understanding that it will have a lasting effect on your daughter?

3. Do not get bullied by any body and take decisions firmly,

4. If you do not want to continue, talk to your wife and stlle for Mutual Consent Divorce amicably,

5. Mother is treated as natural guardian till the of 5 years of the child,

6. You can file a petition for visitation right of your child till she is over 5 years of age,

7. After that you can file a petition for child custody,

8. Best course of action suggested is to get your dispute settled amicably since divorce is the 2nd most stressful event bin one's life.

Dear Querist

as per your information my opinion on your queries are as under:

if you want to live with her then no need to fight and try to settle the matter amicably with the help of the elders, friends and relatives.

if you are not ready to stay with her/live with her and your daughter is minor then file a child custody case against your wife u/s 7/9/25 of Guardian & Wards Act and claim interim order for visitation right u/s 12 of Guardian & Wards Act.

should I give in and stay with her just for the sake of my daughter ?

Opinion: If you think fit and proper for the welfare of the child then it can be.

I intend to get divorced as I hate my wife now ,but that is a long and costly procedure and my wife does not want to part with the property in which she is joint owner.

Opinion: Try to settle the matter amicably with her and if she is ready to settle the matter amicably then execute a MOU/Compromise deed and on behalf of the MOU/Compromise Deed file a Mutual Consent Divorce Petition U/s 13(B) of Hindu Marriage Act, 1955

My case seems hopeless what am I to do ?

Opinion: No need to worry, don't be a hopeless, contact a lawyer or marriage counselor personally, it will be better for you.

She will be 50% share holder of the property , so try to settle the matter amicably.