• Wife went away with 3 yrs old daughter

I got married 6th Dec 2013 and blessed with a daughter on 12 th august 2014. Through out my married life my in laws tried to isolate me from my mother.every time they told me to get  separated from my mother 55 yrs old and only younger brother(26 yrs old).my father had passed away in 2006. My mother is like god for me.now it has been 4 months passed right after the birth of my daughter my in laws refused to send my wife back with me.they clearly told me to get my share of property and live separately with my wife as our only house is on the name of my mother.
Plz guide me what to do.I am afraid if my in laws files any false cases against me or my mother or brother.
Asked 2 years ago in Family Law from Ludhiana, Punjab
Religion: Hindu
1) refuse to bow down to black mail tactics . 

2) your mother is a widow and she needs your support . how can you ask your mother for share in property . it is her security for her old age 

3)send letter to your wife that it is 3 months since your daughter has been born and request her to rejoin you in matrimonial home 


4) visit your wife and child on weekends if possible . 

5) if your wife files 498A case against you , your mother and your brother obtain Anticipatory bail from sessions court 

6) in case Dv case is filed contest it on merits and obtain exemption from personal appearance for your mother
Ajay Sethi
Advocate, Mumbai
23389 Answers
1229 Consultations
5.0 on 5.0
1. Where was your marriage solemnized? Where is your wife residing as of now? 

2. Did you have the custody of your daughter for even a single day ever after her birth? If the answer is NO then you need to file a petition for child custody in the court to get her custody. Since your daughter is only a few months old you may not get the custody, but the court will give you visitation rights. T

3. If your wife files false cases for dowry harassment against you and/your family members then immediately seek anticipatory bail from the court. 

4. In the event that you file for child custody she may hit back by filing false cases against you, in which event you should seek anticipatory bail.

5. It is immoral to ask a mother, more so a widowed mother, for a share in the property. Do not bow down to their tactics.
Ashish Davessar
Advocate, Jaipur
18262 Answers
450 Consultations
5.0 on 5.0
Hi,
1. If you have personally spoke to your wife and her family and tried to bring her back, get a legal help to send a legal notice asking your wife to come and stay with you. If she refuses to join you despite the notice, file RCR -petition of Restitution of Conjugal Rights, in the court . Engage  an  advocate to send notice.

2. When you send a legal notice, take care that you are trying to save your marriage and bring your wife and child, and  not  making a base for a divorce. So the advocate who send the notice should be instructed accordingly. If possible  request your advocate to talk to her family and try to bring  them, for a talk.

3. You should try whether your family friends or relatives who can be a neutral mediators can help you to talk to them.

4. Do not be afraid there are many ways to tackle this  issue , so approach it wisely and ready to forgive if she troubled you and your mother because she is now your child's mother.
5. Legal complications and technicalities which you should anticipate is , that she can file a 498A complaint following FIR- most likely  if you do not have a history of events where your wife was physically assaulted or dowry was asked or demanded , then you do not have to worry about it, in case she files a police complaint move to the nearest district court and file for anticipatory bail.You will get bail as these days 498A is used as a weapon and the Supreme court has made many observations about the false 498A cases and you can surely rely  on it .

your wife can file domestic violence mainly asking for a separate accommodation and maintenance for herself and child , which court will give you time to reply and defend. If her articles or sthreedhan with you , she can ask for that. Sthreedhan means what she brought from her family and what she earned by herself  after or before marriage exclusive of the gift you have given her.
The last legal step from her part can be  divorce , where you will get enough time and chance to prove your stand and defend. So do not worry hire an advocate and do the needful or get your friends and family to mediate and bring her back.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Dear Querist
First of you should decide that you are ready to live with her or not.
If yes then try to settle the matter amicably with her with the help of relatives and friends without interference of the court or police. If not possible then first of all send information cum complaint to higher authority regarding your apprehension and the attitude of her and her family members.  These information cum complaint will be only for record and not for any action. 
After that file a petition before family court for restitution of conjugal rights.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1) if your mother is absolute owner of property she can file suit for eviction against you 

2)you and  your wife cannot claim any share in property standing in name of your mother . 

3)if your wife files any complaint whether under 498A or Dv contest it on merits . 

4) if her streedhan is in your possession she can seek return of the streedhan . prepare a complete list of articles brought by your wife at time of marriage . you can return the same on obtaining her signature that she has received the same in presence of 2 witnesses
Ajay Sethi
Advocate, Mumbai
23389 Answers
1229 Consultations
5.0 on 5.0
Hello,
1)Your mother can evict you and your wife if chooses to do so.Are you building a strategy by getting your mother to take this step or be seen as a victim in front of your in laws?

2) If the answer is 'yes' the strategy is bad and won't support your cause.If your wife or in laws file a case under provisions of domestic violence you will be liable to provide shared or alternate accommodation to your wife and child, regardless of the fact you don't own a house.

3) You need not be afraid or run away from the situation, but face it squarely.If the in laws go ahead and file criminal cases against you , you need to engage a lawyer and contest them on merits.

4) Just as you have filial feelings towards your mother, you can not shy away from from responsibilities towards your wife and child as well.The acts of the in laws is in the interest of securing the future of their daughter's married life with your total involvement in it.In the conflicts of interests it would be best to find a middle path of an amicable settlement. Get elders and relatives involved as mediators between the family and try if issues can be sorted out . In any case you don't need to budge to pressures from in laws as the care of your mother is your responsibility and she can not be put to test to save your marriage.You can always find a more agreeable settlement that hurt none.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
1. Tell your inlaws straightway to just shut up since it is not possible nor justified for you to leave your old mother,

2. Ask your wife to see reason,

3. Do not ger panicky for false 498A complaint since  its teeth has now been broken as per latest Supreme Court order prohibiting the police to arrest the accused without any investigation,

4. File Anticipatory Bail petition if she files DV case or lodges complaint u/s498A of IPC,

5. Make a list of her Streedhan and return the same to her after she signs it duly acknowledging their recipts.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. The property belongs to your mother and surely she can evict you with your family if she so desires,

2. however, it will not have any effect in the case falsely filed by her u/s498A of IPC or any other section or Act,

3. Do not worry for false 498A complaint because of the recent Supreme Court order as mentioned in my earlier posting.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
First of all you will have to decide whether you want to stay with your wife or not. Incase you wish to stay with your wife then we suggest you to file an application under Section 9 of the Hindu Marriage Act 1955(assuming you are a Hindu). 
 
Section 9 of the Hindu Marriage Act 1955 has been explained below for your understanding:
 
Section 9. Restitution of conjugal rights - When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.
 
Hence this is a legal way wherein court will direct your wife to stay with you.

But before filing the above mentioned application, send a legal notice to your wife thereby directing her to come and stay with you.

Further, if you fear that your wife will file Section 498A against you then we suggest you to take an anticipatory bail.
Sudershani Ray
Advocate, New Delhi
192 Answers
25 Consultations
4.9 on 5.0
1. If your mother enjoys absolute ownership of the property then she may evict you from her property by filing a lawsuit for eviction in the court against you and her.

2. Notwithstanding your eviction from your mother's house it will not emasculate the rights of your wife.

3. There is no need to get panicky. If your wife files a complaint against you then seek anticipatory bail immediately and then contest the case on merits.

4. Return her streedhan if it is in your possession. A list of articles should be made and an acknowledgment should be obtained from her at the time of returning the items to her.
Ashish Davessar
Advocate, Jaipur
18262 Answers
450 Consultations
5.0 on 5.0
1. You  can immediately send a letter to your wife to come and live with you narrating all the instances you met with your with.
2. You have an obligation to look after your aged mother also, so don't forget to maintain your mother and your wife and the child.
3. If you have an apprehension of a false case you can obtain anticipatory bail order from the Sessions or High Court.
4. If she is not replied on your letter then you can file petition for Restitution of Conjugal Rights before the Family court or before the District Court.
A. Maria Stephen
Advocate, Kanyakumari
17 Answers
0 Consultations
5.0 on 5.0
Be bold enough to teach a lesson legally to your selfish in laws who are less cared people than your mother and brother along with your wife and child.Show respect and then only get respect be the lesson which would be learned your in laws apart from legal warnings.

Thanking you,
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations
3.6 on 5.0

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