Welfare of child is paramount consideration 

2) since your child is only 3 years old custody would be awarded to mother only 

3) you can seek joint custody of your daughter 

Dear Sir,

It is better to file Restitution of conjugal rights against your wife in family court. Now you cannot claim permanent custody of child, upto the age 5 years of the child  mother is the natural guardian.  

If RCR is passed it will help you in proving that you are innocent, she cannot claim maintenance from you
she is deserter in the eyes of laws , she has no right of maintenance in future, husband will be in safer place
RCR will be passed and if she fails to join him within one year ,it a ground for divorce for husband for failure of restitution decree

If she denies to cohabit with you even after the R.C.R. decree is awarded then you can file an suit for execution of such decree under order 21 Rule 32 of the Civil Procedure code and then after a lapse of one year from the date of such R.C.R. decree you can file divorce petition u/s 13 (1-A)(ii) of the Hindu Marriage Act, 1955. If conjugal right is not restored within one year of getting the RCR decree, the aggrieved party is eligible to get divorce.

1. she can file any case as she likes
   this RCR will dilute the seriousness of her cases
   3. if she doesnt join with you as per the court order within one year then that will become the ground for you to apply for the divorce

Dear Sir,

- In case your wife goes to court, she will definitely get the custody of girt as it is an unsaid rule of child custody that the custody to be given to the mother until proved your wife company is not good for your child.

- The main rule of thumb in any child custody/visitation/support proceeding is that courts will always make all determinations according to the “child's best interest” standard.

- Also, your child statement shall not stand in court at anyhow to prove your daughter does not want to live with her mother. 

- Advisable to concern a good lawyer for any further action in terms of any communication with your wife. 

Regards

Vivek Arya

A section 9 application must be filed in the family court. The court will ask her why has she left you if she does not have satisfactory answers then she would have to return otherwise it is a ground for divorce. Also in case she does not come back you have the custody as you are the arming member. Ahe cannot blackmail you in to doing what she wants.

Regards 

See you can keep custody of child for seeking custody wife has to file the custody petition same can be contested that wife deserted you and child, also it for welfare of the child to stay with you so that you can take proper care of child.

Alternatively you can also file a child custody petition seeking order of permanent custody of child with you on ground wife deserted child and went also can seek interim custody pending custody order.

the custody of a minor who has not completed the age of 5 years Naturally Lies with Mother. 

Both parents will have legal custody, but one will have the physical custody (child resides with him or her) and will be the child's primary caretaker. 

A child of below 5 years  remains in the custody of mother as during this time the child needs affection of the mother for development.

Your wife is only living separately from you and of course you can go for the maintenance clean for herself and the child and the amount will be decided by the court depending upon your salary and yours social and economic background

You can file petition for custody of your child in court.  You will get the same

1. If she wants the child but you are not ready to part with your child then let your wife file a petition for child custody and you can contest it. 

2. In order to stop her from illegally taking the child out of your custody you may file a suit for permanent injunction against her in the competent civil court.

Let her go to court. Father is natural guardian of child.

You may ask her to go to court and to file a child custody case.

You can argue that it was she who voluntarily abandoned the child while leaving her matrimonial home for the reasons known to her.

You can object and protest strongly to her claim for child custody in the court of law if she prefers to file one