Wife left home under influence of a Godman
Dear Expert Lawyers,
My wife has left home for 2 weeks now with my 2 year daughter, she was under influence of a godman who misguides her and I was unable to break her contact with him.
One day later to an aggressive discussion over this matter, my wife left home when I was in office and since then she is not taking my calls and sometimes reply to my SMS compalining of physical assault I did to her (which is not true) and never wants to come back.
At present she is not at her maternal home as well and talk to them once in a day with not letting them know of her whereabouts.
I worry about my daughter as well for my wife because that person is doing all this for money. My wife several times deposited amount in her account whose ATM card is in possession of the self proclaimed godman.
I went to police to lodge a formal complaint of her missing from home but they told since she is in touch over phone she will come back and I'm sure she will not come and is suspicious of the security.
She has no earning, however she asked to transfer 30K in her account during this period to pay some dues which I denied because that money will ultimately pour into Godman's hand where our family had already lost a huge chunk and did not take any legal action as he is on run and do not pick up our calls except wife's call.
At present please guide me how to know about her whereabouts and securing my child and wife both. How and when police will co-operate and trace her? Godman is on run and do not respond, he has no fixed location.
Asked in Family Law from Faridabad, Haryana
1) police can trace your wife whereabouts with help of her mobile phone . it would indicate where your wife is at present staying .
2) lodge a complaint of kidnapping with police against godman . if police does not take any action file habeas corpus petition in HC for production of your wife and daughter .
3) if in response wife says she left home as per her own free will your petition would be dismissed
Well, try to resolve this dispute amicably. It s best suited to both of you.
If it is not resolved amicably then file a suit for restitution of conjugal rights.
If the location of your child is not known to you then you can file habeas corpus petition in high court.
filing complaint before police or court are the only option.
try to contact with senior officials of poilce to trace that godman and secure your family.
Advocate, New Delhi
1. You may file a case for child custody in the court if you wish to get your daughter.
2. No police complaint can be lodged against her as she has gone out with her free volition. You cannot force her to return to her matrimonial home.
3. You have to find her whereabouts before you can even go to court as the court notice would have to be sent to her address.
4. If you cannot locate her address then you may move the High Court to produce her in the court. This is the last recourse available to you.
Since your wife left on her own, the police is hesitant as you cannot force her to come back. However if she is refusing to send the the girl child then file a case of custody. Along with it you can file for restitution of conjugal rights against ur wife if u are aware of the address where the court notice can be sent. If no address is known a case of heabeas corpus can be filled first.
1. Send a complaint to the police station by speedpost under copy to S.P./D.C. Take tyenprintout of the track report of piosting from internet. In the said complaint you should mention that lot of money has been taken away by thre god man by influencing her ajnd she has left your house to stay with the giodman,
2. File an application u/s156(3) praying for direction upon the police to investigate and act based on your complaint,
3. You can also file a W.P. against police inaction.