• Husbands right of reciept for money given

My wife and I stay apart 700 km as we r both employee and posted at different places. Apart from that she constantly ill behaves to me and try to look me down at every possible instance. We have a 7 years old daughter, stays with her. My in hand salary is 24000 and her is 8500. I am ready to give one third of my salary for child care. But, she will not give me any bank account number, to which I can send the money. Neither she will take it by MO or through any means. She wants it with no proof or receipt. She is telling our relatives and friends that I do not give any money to her. The fact is I have given her 3lakhs apprx in last 5 years, other than direct expenses incurred by me, like shopping, medical cost etc. And completely denying that. She does not even disclose her propert y, for mentioning in my asset statement to be submitted to my office. I want my child with no financial hardship. But she will not let me to do.Apart from that she is threatening me to come to my office and create scene in front of my colleagues. What can I do. I don't want divorce till my daughter become adult.
Asked 7 years ago in Family Law
Religion: Hindu

6 answers received in 30 minutes.

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20 Answers

At this stage of conjugal relationship, you should avoid any legal complications. You should involve elders in family from her side to sort out the issue .

Alternatively, pay her by cheque or DD if you wish to keep a record of your financial assistance to her.

Sushil Jha
Advocate, Patna
283 Answers
5 Consultations

5.0 on 5.0

1. You can file a child custody case seeking your daughter's custody for her welfare.

2. While contesting the case, she will certainly allege that you have not send any money to her for your daughter's maintenance.

3. At that time you can pray before the Court to direct her to provide her Bank account to enable you to send maintenance for your daughter till her custody is not decided by the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. You can file a child custody case which will be decided by the Court considering the welafre of the child.

2. you shall have to establish before the Court that for the welfare of your daughter, her custody should be given to you.

3. Your daughter might be asked by the Court as to with whom she wants to stay.

4. Meantime, you can file a petition for enforcing your child visitation right with a prayer to direct your wife to alow you to visit your daughter on the prescribed days as directed by the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. Mother is the natural guardian of her Child up to his/her 5 years of age.

2. After completion of 5 years of age, father can seek custody of his child for his/her welfare by fining the child custody case.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. In the child custody case, you shall have to prove that your daughter's custody with your wife will not be in the interest of the welfare of your daughter.

2. You shall have to collect evidence in the form of audio/video recording of the conversation of your wife with your daughter which appears to be stressful and torturous to her to prove that your daughter's custody with your wife is detrimental to her welfare.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Matrimonial cases can be filed where marriage has taken place or where you both have resided last as husband & wife

Sushil Jha
Advocate, Patna
283 Answers
5 Consultations

5.0 on 5.0

1. You can file the case at your place but she might file a petition before the Calcutta High Court praying for transfer of the case to to Jhargram on the ground that she is a lady and her life will be in danger due to you if she visits Cooch Behar.

2. In such matters, ordinarily, High Court accepts the prayer of the wife.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. However, you should file the case at the earliest to kick start the matter and see where the ball rolls finally.

2. You have nothing to loose in the instant matter.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

insist that you would transfer funds only by NEFT transfer or by cheque

2) dont bow down to her blackmail tactics

3) if wife refuses dont transfer any funds

4) let her file for maintenance in court

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

make application to court and seek custody of daughter

2) mention that wife is ill treating the child not taking care of her education , nutrition, tortures her etc

3) also file for divorce on grounds of mental cruelty

4) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

welfare of child is paramount consideration

2) as mentioned hereinabove mention that daughter is being totured by wife and seek custody of child

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

file for divorce on grounds of mental cruelty

2) wife abuisng husband amounts to mental cruelty

3) wife refusing to stay with husband amounts to mental cruelty

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

1.The custody of child can be handed over to you only if you could prove that the welfare of your child is at stake right now with your wife.

2.Mere financial distress of wife is no ground to get the custody of the child.

3.The childcsutody case is to be filed only at a place where the child is presently staying which is Silda.

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

you should file a case before the district court for custody of your child. when she refuges to accept money from you then you have right to take custody of your child because for the welfare of your child your custody is necessary. his education and other necessity could not be affected from this turmoil.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Is there any forum where I can appeal to enforce welbeing of my daughter?

according to guardians and wards act district judge has power to give her in proper custody. when you prove that she is reluctant to take care of her and always torturing her then definitely you will get custody of your child.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1. You do not want to give her money in cash, and she is not prepared to take it through a documented mode, so the only thing you can do is to not to give her money. Let her go to court and file a case for maintenance.

2. Since you do not want your child to suffer you can file a petition for child custody where you reside.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If your wife is not disclosing her bank account or not accepting the money order, you may send her a letter by registered post stating that she is adamantly denying to inform the bank account number or the mode of payment to be sent for her maintenance.

Keep copy of this secured and remain silent about it after that until you get any reply to this.

If you dont get a reply do not be bothered about it, await her action, let she come to you office also, you can handle the same in the way you feel it to be right at that moment.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

Can somehow enforce welbeing of my daughter. She is not getting proper education, nutrition or manners and care. My wife physically torture her. My daughter even don't speak to me over phone or face to face in presence of her mother. But, when her mother is not nearby she talks to me and loves me as should. I can feel she is getting stressed, and it is hampering her mental growth. Is there any forum where I can appeal to enforce welbeing of my daughter? Her mother is sadist type, she can harm the future of my daughter to satisfy her ego. She used to force me to divorce her, but when I proposed she made many scenes. I dropped that idea for now.

If you do not want to give her divorce and also want to take care of your child, you may either bring the child with you from her custody by force or by any means.

If she objects to it, then you may resort to legal method by filing a child custody case before court competent.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

Pls help

You can make frequent visits to your wife's place, be friendly with the child as far as possible and one fine day you take away the child from there, bring the child to your place and take care of the child.

Her police complaint in this regard shall not be maintainable because you are the child's father hence police may not interfere into this issue.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

I am posted at Cooch Behar, and she is at Silda, Jhargram. May I file a case here at my place? I'm a Wbcs officer. Availing leave is not easy for us.

For child custody case you may have to file it in the place where the child is currently residing.

A case in your place in this regard may not be maintainable.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

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