• 498a and DV

In the year of 2016 june my wife filed a complaint against me in caw in delhi that i am forcing her for dowry and mental moreover she claimed that i have forced her to take personal loan and second hand car loan on her loan
 i have been married for 15 years and have 14 year old daughter during that period she forcibly took my daughter from school with her. i was in state of shock during the period,during caw proceedings i for the sake of my daughter and family completed her demand cleared her personal loan which i never asked 
and for car loan still paying the installment
 she came back home with a condition that she will live separately which i again agreed in mediation at court 
 after she came back she started humiliating me for one or the other reason 
 for which i daughter revolted against her
 during 2017-2018 (jan) she started going to some tantrik to keep daughter in her control and started adding some powdery substance in my food,but my daughter informed me and i stopped eating at home for 2 years.
 one fine day my daughter told everyone in my family that my wife is trying to slowly poising me and trying to kill me with the help of that tantrik
 as she found that every thing has been disclosed to us she left home in january 2018 and till date not came back
 mt daughter wrote a letter to d.c.p stating all 
 now i want to get advice from all of u learned attorney what step i can take to save me my daughter
 my daughter is staying with me .can my wife take custody of my daughter,will the concern of my daughter is also taken in court
Asked 7 months ago in Family Law from Delhi, Delhi
Religion: Sikh

Yes, since your daughter is capable of giving her consent, the court will record her opinion and take that into consideration while deciding the question of her custody.

I'll advise you to seek a divorce from your wife of you've taken a final decision of coming out from this marriage.

Vibhanshu Srivastava
Advocate, New Delhi
7658 Answers
94 Consultations

5.0 on 5.0

1. You and your daughter should lodge a police complaint before your local police station alleging her said act of trying to slow poison you.

2. Thereafter you can file a divorce suit against your wife on the ground of cruelty wherein your daughter can be a good witness for you.

3. Your wife can file a child custody case but since your daughter has grown up, her wish about with whom she wants to stay will be treated as most important by the Court while passing judgment in this regard.

Krishna Kishore Ganguly
Advocate, Kolkata
20922 Answers
525 Consultations

5.0 on 5.0

File for divorce on grounds of mental cruelty

2) seek sole custody of your daughter

3) welfare of child is paramount consideration

4) wushes of daughter would be taken into account while determining custody of daughter

Ajay Sethi
Advocate, Mumbai
55639 Answers
3355 Consultations

5.0 on 5.0

1. Under the circumstances it is no more safe for you to stay with your wife anymore, more so, when your child is also not willing to stay as well.

2. The proof you have is enough for getting divorce and the testimony of your child is more than enough to get decree of dissolution of marriage.

3. So file a suit for divorce without delay and if in a counterblast if she files any case or has already filed then getting bail would not be of much hurdle for for you.

4. However if your wife is unemployed then you will have to continue to pay her maintenance.

Devajyoti Barman
Advocate, Kolkata
14982 Answers
207 Consultations

5.0 on 5.0

Hello,

File a divorce suit on the ground of cruelty and desertion.

Regards

Swarupananda Neogi
Advocate, Kolkata
858 Answers
2 Consultations

4.8 on 5.0

Since your daughter is over 14 years of age, the court may ask her consent to live with the parent of her choice.

If she files a child custody case then you can contest the same properly and keep your daughter under confidence so that she supports you in your defence in the case.

The court should be convinced about all the events narrated by you and this can be corroborated by the evidence of your daughter who has to be roped in as a witness during trial proceedings.

T Kalaiselvan
Advocate, Vellore
45709 Answers
537 Consultations

5.0 on 5.0

The age for which mother is entitled to the custody of a child is up to 5 years. In your case, it will be considered by the court in case your wife files for custody the child before guardianship court. You can also file for divorce because you have a very good & strong case.

In case of maintenance, your wife is earning sufficiently and you need not pay her anything. You daughter can claim maintenance from your wife.

You can also cite Cruelty, Unsoundness of mind & relationship of your wife with the tantrik as a good ground for divorce.

Junaid Ali Khan
Advocate, New Delhi
159 Answers
1 Consultation

4.7 on 5.0

Sir file a criminal complaint against your wife for attempt to murder you using poison.

Secondly file for divorce against her on ground of cruelty.

Also you can file for child custody of your daughter can seek child maintenance and support from her.Since your daughter can give consent before the court seeing her age the court can ask he view in the court.

Shubham Jhajharia
Advocate, Ahmedabad
10756 Answers
39 Consultations

5.0 on 5.0

yes your daughter can file for maintenance under 125 crpc against mother for her welfare and maintenance.

Your wife is and qualified so she can be denied of the maintenance there are plenty of the judgements on the issue even if she files.

Shubham Jhajharia
Advocate, Ahmedabad
10756 Answers
39 Consultations

5.0 on 5.0

If there is substantial differences in your income then only would wife be entitled to maintenance

2) if both husband and wife are working both have to pay fir child maintenance in proportion to their incomes

Ajay Sethi
Advocate, Mumbai
55639 Answers
3355 Consultations

5.0 on 5.0

1. If you apprehend that your daughter may illegally be withdrawn from your custody or harmed physically or mentally in any manner by her mother then you may file a suit for permanent injunction against your wife to seek directions from the court to her to keep away from her daughter.

2. Your wife can file a petition for child custody in the competent court under the Guardianship and Wards Act but the court will give you sufficient opportunity to contest her case. Ultimately the wish of your daughter has to be taken into account by the court as she is aged 14 years.

3. Your wife can file a case for maintenance irrespective of what she is earning but if you can prove that she is drawing a salary of 70000 per month then her claim may be dismissed.

4. If the custody of daughter remains with you then you can surely claim maintenance for your daughter from her mother.

Ashish Davessar
Advocate, Jaipur
24821 Answers
698 Consultations

5.0 on 5.0

Yes, u/s 24 of Hindu Marriage Act and for daughter under guardianship and wards act.

Yogendra Singh Rajawat
Advocate, Jaipur
7053 Answers
5 Consultations

4.7 on 5.0

You may ask for the maintenence regarding your daughter ... But can't claim the alimony.... If she is earning more than you... However you may also file criminal complaint case against her.. and intimidate police station that you and your daughter had continuos fear of death from her and she may also file false criminal cases against you... For more info contact me ...

Nishant Bhadoria
Advocate, delhi
73 Answers

4.8 on 5.0

No she can't take forcibly custody of your daughter. The court also asks child's permission before awarding custody. Don't worry and relax. If she does any illegal activity against your daughter you can take further police and court aid to prosecute her.

Prashant Nayak
Advocate, MUMBAI
4010 Answers
2 Consultations

4.8 on 5.0

1. Your wife is not entitled to claim any maintenance from you being employed.

2. You, for your daughter, can file a maintenance petition against her u/s125 of Cr.P.C.or in the divorce suit advised to be filed by you.

Krishna Kishore Ganguly
Advocate, Kolkata
20922 Answers
525 Consultations

5.0 on 5.0

Even ig she files a case seeking maintenance, it will not be maintainable because she is employed and drawing handsome salary.

If the child is residing with you then you can claim maintenance for her under different provision of law.

T Kalaiselvan
Advocate, Vellore
45709 Answers
537 Consultations

5.0 on 5.0

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