Legal Question in Family Law in India

Custody of daughter

I am a Hindu. I was married to a Christian converted to Hindu. 2 daughters from this marriage. Differences arouse due to religion, as she practised Christianity after marriage(proof of photo). She also started preaching Christianity to kids. When objected she started emotional blackmails & attempted suicide(proof medical cert)-hysteric. i came out of the relationship with a mutual consent & decree was given for divorce with a self affidavit by her that she keeps the elder daughter (8 yrs) with my parents for 3 yrs(part of decree).younger daughter(5yrs) with her for timebeing.I paid full and final settlement for her & any expenses for kids. custody not given yet. my elder daughter was studying well under my mom's care. recently my ex-wife came and took the child for a holiday & did not return her back. child's education is stopped now.she is claiming to hold both the daughters now. 1)can i ask only for my elder daughter back since i hve hardly lived with my younger daughter. 2) Can i put a case on religious ground (or) suicide attempts. 3)Is it becoz she is a girl child will the mother get custody. 4) can i marry again & lead a proper family life for my elder daughter.5)will she say my parents are old & not capable. kindly advice

Asked on 6/03/08, 12:39 pm

5 Answers from Attorneys

Re: Custody of daughter

As per your facts, elder daughter should remain with your parents for 3 years. You can file contempt proceedings as she is not obeying the orders of the court. You can even file a complaint in police station on the basis of the decree. Answers to your questions:

1) You can only ask for elder daughter as per decree

2) Case for what, please explain

3) Not necessarilly

4) You are divorced, you can remarry

5) No because of the decree of the court

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Answered on 6/03/08, 3:20 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Custody of daughter

Here are the answers to your questions :

(1) You can ask the custody of your daughter but complying as per the decree.

(2) Please re-word your question.

(3) Its not necessary.

(4) You can remarry.

(5) No.

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Answered on 6/16/08, 2:56 pm

Re: Custody of daughter

i jope you have got the divorce decreed from court. if so, and if the three years have not expired, then you can file an execution application in the court as far as the elder daughter is concerned. since u are divorced, you can free to remarry at will.

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Answered on 6/04/08, 4:04 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Custody of daughter

You are entitled to seek custody of your elder daughter; all the grounds mentioned by you are good; however, for the courts the "paramount consideration" would be the welfare of the child.

your second marriage will be no bar for seeking custody of your daughter.

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Answered on 6/04/08, 5:38 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Custody of daughter

1 you can get custody of elder daughter.

2 you can file contempt proccedings against your wife.

3 No

4 Yes go ahead.

5 No

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Answered on 6/04/08, 8:01 am

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