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Author Topic: wife troubling & not allowing to see my child  (Read 699 times)

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Offline impal

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wife troubling & not allowing to see my child
« on: January 13, 2018, 04:27:27 AM »
Hello,

I have a daughter aged 4yrs. Wife is troubling since 2yrs. She ran away 3 times with her sister's husband to sister home. During 2nd such incident she locked home and took keys to with her and ran away with that guy without informing me. I called many time to ask house key she didnot pick the call also. I spent hole night at street with mosquito bits. Next day broken lock to enter my home.

This time also she ran away with him with my daughter when i was at office. Since i had 2nd set of keys  i  escaped from sitting on road.  Later i came to know that she is not at sister's house and he sent her with her mother. She is at hometown. I went to her hometown to see my daughter. she immediately called that guy and informed him. That guy sent some rowdy with police constable. They were threatning me that they will kill me including the constable. Constable didnt have any wriiten complaint too. He was telling that i am troubling there so i have to get out of the city, otherwise they will kill me like that.

Now i need clarification for below.

1. Can police enquire me like that without any written complaint?
2. Can police force me to get out of the place/city?
3. What s my right to see my daughter? How to get it?
4. Can i get custody of my daughter?
5 Is there any age criteria like above 10years to take daughter to my custody?
6. How to face such situation in future?

Thanks.
Please provide enough info to safeguard my daughters' life.

Offline advjaibansal

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Re: wife troubling & not allowing to see my child
« Reply #1 on: January 20, 2018, 03:57:34 AM »
Dear Sir,

Please file a custody petition to get the visitation rights. You may not face any trouble in visiting the daughter if there is a court order.

regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline kalaskarkk

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Re: wife troubling & not allowing to see my child
« Reply #2 on: January 21, 2018, 07:08:27 AM »
Dear Friend

My answers are as follows:

1.   CAN POLICE ENQUIRE ME LIKE THAT WITHOUT ANY WRITTEN COMPLAINT?
ANS: NORMALLY THEY CANNOT BUT SOMEBODY MIGHT HAVE LODGED COMPALINT AGAINST YOU.

2.   CAN POLICE FORCE ME TO GET OUT OF THE PLACE/CITY?
ANS: POLICE CANNOT ASK YOU TO GO OUT OF CITY.

3.   WHAT S MY RIGHT TO SEE MY DAUGHTER? HOW TO GET IT?

ANS: YOU HAVE TO APPROACH FAMILY COURT AND FILE A
APPLICATION FOR CHILD CUSTODY.

4.   CAN I GET CUSTODY OF MY DAUGHTER?
ANS: NO. SINCE CHILD IS TOO YOUNG.
5 IS THERE ANY AGE CRITERIA LIKE ABOVE 10YEARS TO TAKE DAUGHTER TO MY CUSTODY?
ANS: YES, IT IS COMMON SENSE AND YOU KNOW THAT CHILD BELOW 10 YEARS CANNOT BE HANDED OVER TO FATHER WHO CANNOT HANDLE SUCH CHILD.
6. HOW TO FACE SUCH SITUATION IN FUTURE?
ANS: LODGE COMPLAINT WITH POLICE AND COURT.
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification

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