• Compensation because my wife left me by taking children

We have been living like any other family from last 8 years. Last year when I was abroad my wife left our rented house and started living in another rented house without discussing with me. She is not having any other relation. Its her immaturity and not valuing family life caused this action.  We had lot of emotional fights but that counts to be 5% only and 95% of time we were happily living. We have attended family counseling for 3 months during end of 2013  where she refused to continue at the end as many points to her mistakes and misunderstandings about me.
I have done NSV with agreement with her for not having more children as we have 2 already and they are 6 years old now.
So my situation here is I can not marry another women and have children because I have done NSV and which is clinically very difficult to reverse.

I want to file a case against my wife either she should come back and start living with me or compensate me for my life's 8 years and I cant have children any more if I marry some one else. I am 36 years old now. And she is already declared as she do not want to marry any one else and she is going to take care of children. She is not having any other income so I am taking care of all the expenses for her. Her family is so poor but that is a group of divorced people like her mother and sister are divorced. 

I want to know is there any LAW in India that can support me ? In future there is a chance that some one can inject poison to her and she may file a case against me for stealing money from me as Women in India are completely protected by LAW that is really bad for any husband here.
Asked 3 years ago in Family Law from Bangalor, Karnataka
Religion: Hindu
Hi, we can understand your situations, you can file a petition for Restitution of Conjugal rights and pray the Hon'ble Court to direct your wife to live with you.

2. There is no provisions in law ask you to compensation from wife.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

Dear Querist
nobody can force to live with the others like husband & wife, this relationship is based on the feelings and emotions, try to settle the matter amicably with the help of the elders and relatives.

if you want compensation then first of all send a legal notice if she is not ready to make the compensation payment within notice period then you may file a civil suit for compensation for damages before civil court against her.

you may contact over the phone for detail consultation after pay the consultation fee which is very nominal
Nadeem Qureshi
Advocate, New Delhi
4856 Answers
221 Consultations

4.9 on 5.0

1. You are not entitled to claim compensation under the law as in a free society you cannot bring your spouse back against his/her will. 

2. The NSV was done by you with your own free will and you are liable for all its consequences. 

3. What you may do is file a case for child custody to get back the custody of your children from her.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

1) you can file petition for restitution of conjugal rights but even if you obtain decree you can't force your wife to stay with you 

2) decision to go in for Nsv was taken by you as you already have  2 children 
3) you won't get any compensation from court in this regard 

4)you can file for divorce and seek joint custody of children 

5) mutual consent divorce is best solution 

6) you are only 36 years old ,you can remarry and move on in life
Ajay Sethi
Advocate, Mumbai
45421 Answers
2668 Consultations

5.0 on 5.0

The only remedy you have is to either file a case for restitution of conjugal rights to live with her together.  In this the danger is that despite the case being run for years and finally you have won the case, if she still adamantly refuses to join you back, you cannot force her neither the law can force her to join you back to resume the conjugation between you both. After one year period from the date of decree in your favor, if she is not willing to return to the matrimonial fold, you have grounds to file divorce against her.
Next thing that is possible in legal terms is to file a divorce petition against her on the grounds of cruelty.  You can mention the hardships you underwent due to her callous and irresponsible behavior and attitude in the past.
There is no provision  in law to seek compensation for the physical and material loss you had to endure due to the vasectomy you underwent. If she is earning a handsome salary more than you, there are chances that you can claim maintenance from her suiting to her status.
T Kalaiselvan
Advocate, Vellore
35580 Answers
385 Consultations

5.0 on 5.0

If you want her to come back and live with you, you can file Restitution of conjugal Rights Petition and if you are sure of dissolving the marriage, you can file divorce petition on the ground of desertion or cruelty. 

You can CLAIM damages for the loss and sufferings. But be aware that, she can also file multiple cases against you by her self and on behalf of two children.  

Its always good to settle the matrimonial dispute amicably.
Sandeep Hegde
Advocate, Bangalore
403 Answers
116 Consultations

4.8 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer