• Custody of my daughter

I was married in 2007. I am from jaipur. My wife left me in 2011 and went to hyderabad and started doing job there. My daughter left with me, that time she was 3 years old. She stayed with me for 2 years. In 2013, when my daughter turned 5, mg wife demanded daughter. She assured me if i give, she will patch up and will come to me after 1 year. In this disguise, i gave my daughter . but she not came back,, now she doesnt give daughter to me during her vacations also. My daughter has turned 8 years now, she also favors mom due to love. How can i get my daughter custody.
Asked 12 months ago in Family Law from Jaipur, Rajasthan
Religion: Hindu
The remedy is to file a case for child custody in the court to claim the custody of your daughter. Since your daughter has been residing with her mother for past 3 years now it is unlikely that the court will grant you custody but you stand a fair chance to get visitation rights to see your daughter. The delay in filing of the case is a factor that may be considered against you. The court may also award joint custody if the welfare of child demands this.
Ashish Davessar
Advocate, Jaipur
19256 Answers
487 Consultations
5.0 on 5.0
1) you can make application to court to seek joint custody of your daughter 

2) court will grant you atleast visitation rights 
Ajay Sethi
Advocate, Mumbai
26207 Answers
1425 Consultations
5.0 on 5.0
The court can allow you to do this. Do not delay further lest it operates to impair your claim to visitation rights.
Ashish Davessar
Advocate, Jaipur
19256 Answers
487 Consultations
5.0 on 5.0
You can file a child custody case under guardian and wards act seeking custody of child.   In fact you can even file a divorce case against your wife on the grounds of desertion and mental cruelty, this besides the child custody case shall put pressure on her by which she may send messages for compromise and an alternate arrangement favoring you.
T Kalaiselvan
Advocate, Vellore
16576 Answers
153 Consultations
5.0 on 5.0
Are there chances that court will allow me to keep my daughter in jaipur during vacations
In the child custody case you can file an application  seeking child visitation rights as an interim relief. You can mention the period of visitation rights and put forth your arguments accordingly, the court may grant visitation right after hearing both the sides. 
T Kalaiselvan
Advocate, Vellore
16576 Answers
153 Consultations
5.0 on 5.0
Hi, you can file  petition under guardian and wards act, for custody and visitation rights of the child. The court will definitely allow your petition and you can able to access your daughter and also keep your daughter during the vacations.
Pradeep Bharathipura
Advocate, Bangalore
4185 Answers
149 Consultations
4.3 on 5.0

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