• Harassment by wife and in laws; custody of child

I married in Feb 2007. My Wife and her family members are followers of some Ram Chandra mission, and call their guru as Master. They are so much hypnotised by this ashram/ mission that wife never settled in married life. She left my home in July 2007 and stayed at her parents home for 4 months. When we tried to convince her mother/ brother to continue marriage, they threatened us with harassment case. Since our child was about to be born at that time, in the interest of child's future; we brought her back.  
She does not want to do household responsibilities, and does not feed the child properly. She even eats up chocolates/ sweets brought for child. She has high hunger disorder,, due to which she threatens us that she is not being given food. She uses foul language with my mother.. 
We do not have any physical relationship. She has now filed a police case against me for harrassing and mental torture. Her brother/ mother have advised her to stay at parents home only. She has even taken my 5 yr old child, She has no concern for child's school being stopped. Over last 5 yrs her casual approach has resulted in child being underweight and asthamatic. 
Please advise how to claim the custody of child to ensure his education/ fooding. All our family members tried to convince her but her family and ashram followers do not allow her to come back. Even the police officers requested her to think of child's future, but she did not change.
Look forward to a solution
Asked 3 years ago in Family Law from Gurgaon, Haryana
Religion: Hindu
You may file for the custody of your child under the Guardians and Wards Act 1890 and the Hindu Minority and Guardianship Act 1956, citing all the reasons mentioned above in your question, including the suggestion of police, if it exists on paper while filing for the custody of the child in the court.

Citing the ill health of the child due to poor care, lack of nutrition, lack of imparting proper education and neglect by your wife; you may go ahead to claim the custody of the child.

thanks.
Feroz A. Shaikh
Advocate, Mumbai
216 Answers
58 Consultations
5.0 on 5.0
I do not know lawyers in Gurgaon. However, you might search Kaanoon if there is someone who could take up your case there.

thanks.
Feroz A. Shaikh
Advocate, Mumbai
216 Answers
58 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23294 Answers
1220 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18162 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5227 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
437 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0