• Wife went away with my child


I am 35 years old. I have been married since 6 years. 

At present my wife is literally bullying me .

She has taken my child away with her . She went to her native in the pretext of Diwali vacation. She had planned from 21 Oct to 02 Nov .
She came with her family - her father , her brother , her sister in laws , her mama, on 23 Oct , for 3 hours,and deliberately had a huge fight in this very house.  Her brothers bullied us in this house.

In between she coyly with her fathers help took a flat on rent 3 km close by. On 01 Nov 2014 she was in Pune and her father and her brother helped her to find a flat and accomodate her. 
From 02 Nov 2014 to 08 Nov 2014, she did not respond to any messages and then disclosed only when she got settled.

Her parents are staying with her . Her demand is as follows
(1) I should not take my daughter to my house during weekedays and that my daughter should not stay overnight in this house.
I am missing the time with my daughter as I am not getting the chance to take her studies and impart fatherly duties such as getting her ready for her school . I am traumatized to understand by the separation from my daughter.
I have asked a 50 - 50 time , and she flatly refuses and cities that she will file a police complaint.
In event of this what will i have to do ? Should i get myself bullied into my wifes dictation ?
Since we are still married , I can very well take my child with me as long as I like . Can I or can't I.

(2) She maintains that she does not want to return to this home as she cites cruelty from my mother. The matter of fact is that my mother is a diabetic and my wife inspite of being a doctor has not a cent bit taken care of my mother. It is I who has to take care of mother along with my father.
Also she intends to keep my child away from my mother and my father,

(3) I am so full of anguish against her and her joint family that i have lost any feelings for her. She claims to the world that she wants only us to live together as a family separately. But matter of fact is that she is guided by her brothers and father.

(4) between there is a property registered in my name and her name. I am the one paying all the emi's so far from my bank account. She pays me as and when she has money and her contribution to my account is just 10 % of the total cost so far.

I am cornered as law accords lots of power to women. At the same time there is so much that I am losing out. Mainly I am losing out of my health due to not being able to raise my daughter .
I have not intention to stay with my wife as I am always reminded of her brothers bully.

In this case even i approach the police it shall be treated as a family dispute and will not be entertained. But I want to have a stay on her brothers as they will whisk away my child away from me.

At present she is going to purchase a car worth Rs 5 lakhs and she shall be paying for the loan of the car roughly Rs 12000 all by herself. Her car is partially sponsored by her father. And she vehemently denies that she is getting any support from her brothers or her Father in trying to pull me out of existing house and away from my parents. 

Please advise what I should do ?
should I give in and stay with her just for the sake of my daughter ?
I intend to get divorced as I hate my wife now ,but that is a long and costly procedure and my wife does not want to part with the property in which she is joint owner.
My case seems hopeless what am I to do ?
Asked 3 years ago in Family Law from Pune, Maharashtra
Religion: Buddhist
1.In most of the marital discords of this nature we generally see initiation of criminal prosecution from the end of wives to she can restrain her husband from exercising his general marital rights. in your case it is absent prompting me to presume that there is still a scope of conciliation.I would advise to keep patience and solve this amicably. Do not force things to get your wish fulfilled just now.

2. Divorce should be avoided as long as your wife does not want that amicably. If she does then you can go for mutual divorce. Since she is co-owner of the house, she is entitled to half share of it where she gets divorce or not.

Focus on first mutually setting the dispute. After that you can strive to enforce your right as father of the daughter through court of law. Good luck.
Devajyoti Barman
Advocate, Kolkata
12533 Answers
161 Consultations

5.0 on 5.0

1. As lawyers we articulate our views only on the legal and not social implications of an individual's action. You have the right to seek the custody of your child by filing a case for child custody in the court. Since your wife took the child away without your permission you can even move the High Court for her release.

2. Since you apprehend that your daughter may be whisked away by your wife's brother you may seek an injunction against him.

3. As of now your wife has not lodged any police complaint against you, so it is entirely a personal dispute between you and her, wherein police has no role to play.

4. If you intend to end the marriage then you may file for divorce on the ground of cruelty by your wife.

5. She has the right to deal in the manner she desires with the property that is registered entirely or jointly in her favour.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

1) the mistake you made was buying property in joint names . now your wife is 50%owner of the said flat .

2) if you stop paying loan installments flat would be auctioned by the bank . best option is to sell the flat repay  the loan and split the sale proceeds equally 

3) as far  as your wife is concerned if you dont expect any chances of reconcilation file for divorce by mutual consent . 

4) in the consent terms clause as to visitation rights for your daughter can be incorporated . 
5) you cant go and stay in flat wherein her parents are also residing . you would be at their mercy and subject to constant intimidation
Ajay Sethi
Advocate, Mumbai
44306 Answers
2572 Consultations

5.0 on 5.0

1. You have not mentioned what is the age of your daughter,

2. However, you shall have to decidecas to what do you want? Do you want to continue with thie relationship or call it off be waht may, even understanding that it will have a lasting effect on your daughter?

3. Do not get bullied by any body and take decisions firmly,

4. If you do not want to continue, talk to your wife and stlle for Mutual Consent Divorce amicably,

5. Mother is treated as natural guardian till the of 5 years of the child,

6. You can file a petition for visitation right of your child till she is over 5 years of age,

7. After that you can file a petition for child custody,

8. Best course of action suggested is to get your dispute settled amicably since divorce is the 2nd most stressful event bin one's life.
Krishna Kishore Ganguly
Advocate, Kolkata
18151 Answers
438 Consultations

5.0 on 5.0

Dear Querist
as per your information my opinion on your queries are as under:
if you want to live with her then no need to fight and try to settle the matter amicably with the help of the elders, friends and relatives. 
if you are not ready to stay with her/live with her and your daughter is minor then file a child custody case against your wife u/s 7/9/25 of Guardian & Wards Act and claim interim order for visitation right u/s 12 of Guardian & Wards Act.

should I give in and stay with her just for the sake of my daughter ?
Opinion: If you think fit and proper for the welfare of the child then it can be.

I intend to get divorced as I hate my wife now ,but that is a long and costly procedure and my wife does not want to part with the property in which she is joint owner.
Opinion: Try to settle the matter amicably with her and if she is ready to settle the matter amicably then execute a MOU/Compromise deed and on behalf of the MOU/Compromise Deed file a Mutual Consent Divorce Petition U/s 13(B) of Hindu Marriage Act, 1955
My case seems hopeless what am I to do ?
Opinion: No need to worry, don't be a hopeless, contact a lawyer or marriage counselor personally, it will be better for you.
She will be 50% share holder of the property , so try to settle the matter amicably.
Nadeem Qureshi
Advocate, New Delhi
4794 Answers
219 Consultations

4.9 on 5.0

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