What legal step needs to be taken

Hi,

I am writing this from Bangalore and it's about family law. I am basically from kerala and working here for almost 4 years. I got married in 2015 January and we have a baby daughter and she is 1 year old. Me and my wife have been living Bangalore before she got pregnant and moved to her home in the sixth month of pregnancy . Everything was going smoothly before delivery and I have taken good care of her and baby. Before the day we are supposed to move to bangalore from native, there was a quarrel and she called here parents and went back to her home. After that I have tried to contact her through phone and internet but she was not replying . There is no contact with her from last july . I have Sent my parents and relatives to talk with them , but she has harassed them . I was ready to go to her home if she has called me. We also asked them that we need to see the kid ,but they are telling to come to their home to see the kid, which is not possible. My brother in law is working abroad and I afraid that she will move to uk with the child. I have been waiting for all these time to get her back nd live with kid. But now I feel like i am wasting my life. What legal procedure i need to start for a divorce ? If I file for divorce , should I need to pay huge money to her ? After we got seperate, am I able to see my kid without visiting their house ? and is it possible that I can take the kid with me once in a week ? Where I need to file the complaint ? At native or at Bangalore ? If I file here at bangalore, will they say they can't attend here as her father is old ? Pleaee let ne know. Is there any other complaint i can file which will prohibit any chance of taking my baby abroad.

Asked 7 years ago in Family Law

Religion: Christian

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4 Answers

1) before filing divorce petition issue notice to your wife to return to her matrimonial home

2) if she refuses then file for divorce on grounds of cruelty

3)seek joint custody of your child

4) court would award you visitation rights

5) divorce petition can be field at Bangalore or Kerala

6) if you file in Bangalore wife can file petition in SC for transfer of divorce case to kerala wherein she is currently residing

7) seek injunction restraining wife from taking child abroad without your consent

Ajay Sethi

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1. Since you do not want divorce file a suit for restitution of conjugal rights .

2.However if your wife is unemployed you are liable for her alimony as well as that of the child also.

3.You Can in the same RCR file petition for visitation of the child also whereby you will allowed by court to meet the child weekly or monthly .

4.Yes if you file the case in bangalore she can file transfer petition.

5. In the RCR you can seek order of injunction agaisnt taking the child to abroad without your information or consent.

Devajyoti Barman

Advocate, Kolkata

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1. Your small domestic rupture has taken an ugly turn.

2. Before you take a decision, you are required to keep in mind that divorce is the 2nd ost stressful event in one's life and you never know whether your next wife will be any better or not.

3. If amicable settlement is not possible, then file a divorce suit on the ground of cruelty and also file an application claiming visitation right to see your child and also an order restraining her in taking away your child abroad without your written consent.

4. It will be prudent on your part to file the divorce suit at her place since otherwise she might file a petition before the Supreme Court and get the divorce suit shifted to her place for which a considerable time will be lost.