• Divorce and child Custody.

My wife was diagnosed with “Venous Infarct with Convulsion disorder” on 11/10/2016 and is under treatment of antiepileptic therapy (Tab- Levasam 500mg 1BD and Tab Acitorm). She was hospitalized for 11 day ,after getting discharge from hospital she live with my family for 4 – 5 days and on 25/10/2016 her mom and elder sister came to our house and take her to parental home saying I am taking her for 1-2 week for rest.
Three months was already elapsed she is not coming back and refusing to come back. As the fact of having epilepsy was not disclosed to me before marriage, now they are blaming me for harassment and cruelty treatment. Her cousin brother is lawyer and he is threatening me to file different cases including section 377 and different sections of PWDV act 2005. As we have the MRI of plain brain + Contrast they are still not filed any case against me.
I have tried to get her back to matrimonial house, first she agrees then she denied on last and ask for agreement. As I am having baby boy of 1 year and 6 months, in the paramount consideration of well being of baby boy, I call her and ask to prepare agreement but till date she does not prepare the agreement. Now she say I don’t want come back in matrimonial house. 
On 19/12/2016 my elder brother went in her paternal village and he come back with my baby boy after discussion with my wife. She agrees for taking away the boy for 4-days. On 4th day from 19/12/2016 i.e. on 23/12/2016 my wife along with her three sisters, husband of sisters and mother in law of her elder sister, abducted baby boy from my mom from bus station with loud heavy fighting when my mom opposes to abduct.
Additionally we incurred all the expenses of her delivery and nomenclature ceremony of my baby boy. From last two years my wife has no contact with her mother and sister (s) as hostile relation between them w.r.t her father retirement benefit and insurance benefit after his demice. 
Additionally she cheated me a lot they have family history of Vitiligo (Grandmother) and she is having venous infarct with Convulsion disorder with Left frontal lobe epilepsy. Her behavior is very aggressive and language she used is very filthy. Beside this she is having illicit relationship with two peoples. I came to know when I saw kissing smiley message in her mobile on 17/08/2014. She is always behaving in wrong way in bed also. Most of the quarrels are happened in bed at night over the issue of sexual intercourse. She is always early slipping and trying to avoid the sexual intercourse. Also I have call recordings where she and her lawyer brother using filthy / abusing language against me and my parents. They are interested only in money and not me.
Now question is how to tackle with the situation:

 She is denying to consult psychiatrist.
1)Should I file the Habeas corpus petition in Bombay High court through my mother for visitation right (of paternal grandparents) as boy is minor having age 1.6 years and as per Hindu Minorities and Guardianship Act, custody of child below age of 5 years is with mother.

2)Is she can file counter case against me and my parent’s u/s 498a, 406, various sections of PWDV act 2005.
3)	Is she can file counter case against me u/s 377.

4)	Can She is liable to maintenance as she is well qualified (M. Pharm, B. Pharm and having lincence for pharmaceutical shop) than me and she is previously doing job in Pharma company.

5)	My mother in law having huge financial assets VIZ – 

PF – about 14 lakhs, 
Gratuity – about 4 lakhs,  
Pension commutation – about 5.71 lakhs,
3 insurance policies   - about 10 lakh,
Pension arreas – about 3 lakhs.
Monthly pension – about 13000/month. 
Agricultural property –  0.40 H   
SHOP in prestigious city in that locality. 
FD in her name of 100000 INR in non agricultural society.
My wife share in above mentioned assesst is 5th.  

Can she entitle to maintenance as she is having financial stable than me ?  

6)She was awarded succession certificate w.r.t. 142000 INR cash of her father pension due amount , the same was credited in her account thr A/c payee cheque from government treasury office, later on we used the same money for house hold purpose – can she ask for reimbursement of the same. ----------? 

7)Can she file a case u/s 498a against me with respect to point # 6 amount?

8) At first DEEPAWALI after marriage, my mother in law presented me with GOLD bracelet of 15.55 gm and 40 gm of Necklace to my wife but the same purchased on my wife matrimonial name and address. The gold ornaments are in the custody of my wife. 

8.1) can she claimed it. 
8.2) can I claim the same saying that was purchased by me on my wife matrimonial name and address. 
8.3) Can my wife file case against me u/s 498a with the said ornaments demands.

9)Can my wife file Regular Civil suit on behalf of my son, to claim the agricultural property which is stand in the name of my father which was transferred on my father’s name after the death of my grandpa. ( grandpa acquired the said property by registered sale deed)

10)One interesting thing is that my paternal aunts (2 nos) bequeathed her share to my father under register sale deed (Hakksodpatra) worth RS - 0 INR for brother. Is that share become my father’s self acquired property? 

11)The agricultural property which my father got after my grandpa’s death and as per point 7 register sale deed (Hakksodpatra) is self acquired property of my father. 

12)If she succeed in getting the Protection order and residential order from Magistrate court shall my father have right to evict she from the house which is on the name of my father by filing eviction suit in civil court.

13)After marriage we are living in Mumbai, and my native home is 400 km away from Mumbai where my mom dad, younger, brother are living the in house owned by father , can she claim the same house  as “shared house hold” for residential order.

14)We are living separately from last June 2016, can she file case under section 377 without any medical report.

15)Her delivery expenses incurred by me. 12th the day function of my baby boy was also performed by me and my family. Not a single penny spent my I law. Even though they denied to attend the said function but came at late night 7 pm at the time nomenclature program was started. can this point will be considered in court to define husband performing his duties.   

16)	She and her mother and sisters having hostile relations with each other on distribution of money above mentioned point # 5. From last two years she was not visited / goes to her maternal home. There is no contact (In presence of me) on telephone also; behind back of me is there any contact with parental home I don’t know. Besides this my wife filed number of RTI cases to gather the information about his father due amount.can the rti filed by wife be treated as filed by me or forced her to file RTI applications.

17)	We spent lot of money on her during 2.5 year marriage.  140000 INR was hospital bill paid during epilepsy treatment. In hospital day before discharge her told that today she does not have much amount so she will send younger sister  with money to pay the hospital bills but on discharge date no one has come. Two times she’s younger sister called me and interrogate about discharge. Credit card bill and living expenditure in Mumbai around 900000 INR for 2.5 years. (These are the only electronically traceable amount).Cash withdrawal and expenditure is different. can we claim all these expenditure as they are cheated a lot.
Asked 7 years ago in Family Law
Religion: Hindu

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2 Answers

1) you should make application in family court for your visitation rights . parental grand parents cannot claim visitation rights

2) wife can file counter cases under DV act and under provisions of IPC

3) wife can file false case of section 377 of IPC

4) wife would be entitled to maintenance if there is substantial difference in your incomes

5) wife cans eek maintenance for the child

6) wife cannot claim reimbursement of money spent by her on the house

7) wife can fie 498A complaint on grounds that you demanded gold bracelet

8) wife can demand the gold bracelet

9) your son has no share in agricultural property standing in your father name . wife cannot claim the same on your son behalf

10) it is your father self acquired property

11) sine you were living separately with your wife she cannot claim right in your native village household as shared household

12) you have performed your duties as father of child by paying delivery expenses etc

13) it cannot be said you forced wife to file RTI applications

14) better dont file any case now . you spent the money willingly on maintaining your household and wife . let your wife make the first move .

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

1. To get visitation rights of the child you need to file custody suit, not the habeas corpus petition.

2.yes

3.yes

4. if she is unemployed there mere education is not enough to avoid her maintenance.

5. Yes. Wife is not disentitled to maintenance only because she has some investments in her name.

6.she is still entitled to maintenance

7. She can file case u/s 406 Ipc on point no. 6 not for case u/s 498A.

8. Ornaments purchased for her and you are her stridhan proeprty and to claim it she can file case u/s 406 IPC.

9. Until And unless your father dies your son can not claim share.

10.yes

11. Agricultural land is ancestral and gifted proeprty is self acquired

12. wife has no right of residence in the proeprty of your father

13.If you are not the owner then she can not.

14.yes

15.yes

16.no

17. No, you can not. She is your wife and it is your pious and legal duty to maintain her.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

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