Legal Question in Family Law in India

Hello Sir,

i m indian resident 36 yrs,married in 2001.i got 1 daughter, by profession i am a software engineer and earn around 70k. My wife left my place with my 2 yrs daughter and staying at different place. As she don't have parents and non of her relative is ready to help her. She has join some call center and kept my daughter to caretaker 24X7 with them, and meet with with her only on Sunday for 1hrs. I request her to allow me to meet my daughter but she refused, i lived with my parents and family and told her that our daughter will get better life here rather than with caretaker. but she is not ready to do so. She work for call center, and stay at different place. She is not even ready to give divorce to me.

I just want to know below queries, please help me.

1. Shall i get permission to meet my daughter on weekend and allow me to take her at my place on weekend.

2. Will i get the custody of my daughter as from my wife side no one is there to take care of her and my daughter.

3. How can i get divorce, if she is not ready to give me.

Please help me on this.

regards

Sagar


Asked on 6/06/17, 10:17 am

1 Answer from Attorneys

Yes, you can get divorce and also visitation right to meet your daughter. As per law till the age of 5 mother is the natural guardian and thereafter father is the natural guardian. Keeping in view the welfare of child, in exceptional cases court can give custody of child under 5 years of age to either of the parent. consult a lawyer with details.

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Answered on 6/07/17, 6:35 am


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