• Wife left with her parents and living separately in another rented room with more than 5 yr old son

Some 11 months back I queried about my then situation on how to get my wife back and also discussed about child custody. Now situation is changed and moved in forward direction as stated. 
Just to summarise : 
We got married in Jan 2011 and blessed with baby boy in Dec 2013 but seems like she never liked me and hence I too response in same way. We do not live with parents in Gurgaon but in a rented house in Gurgaon at same place since 2011. After several talk between us, in July 2017, she left her marital home along with our son and her parents to a nearby room hardly 1-2 kms. She is living in a small room-kitchen along with our son. Since then me and parents of both sides approached her to reconciliation but all in a vain.She is working lady and earning upto 80K in a good MNC in Gurgaon. She only allows me to see my son in park near to her home and that too fixed time from 6-7 PM on Saturday only. Since she left I paid her extra 10K and fees of our son every month. I don't want any divorce but parents of both sides and she herself want divorce on mutual consent. I would have agreed on mutual consent divorce but then I think of my son.

Next present situation :
I filed a RCR(Sec-9) in Lucknow family court on April 2019 and same was received by my wife by May 2019. On 15 June, 2019 I received call from Mahila Police Thana, Sonipat that my wife raised complaints against me under section 498A. This case also include my parents as well. I had 2-3 meetings of mediation at Police Thana, Sonipat but in vain and with no luck. Even ASI is also requesting me to get rid of her. But then I start thinking of my son and his future growth and development. Even ASI knows that all complaint against me are invalid but she has to go as per process which may take much of my time. During my visit to Mahila Thana, I also once discuss with my wife about next consequences if we get divorce and we should re-think and unite for at least for child growth. But she is adamant on her decision. Now ASI send my case for ADR and I am still waiting for court summon for mediation. Once during my visit to Mahila Thana, Sonipat when I was alone my father-in-law told that I should give him Rs.25L otherwise he will ask his lawyer for more litigation against me, which I respectfully denied and said that I am not wrong anywhere. However, in September 2019, my wife should come to Lucknow for case hearing on 27 September 2019 for which I heard from their advocate that they will be present at Lucknow along with her father but not sure about my wife presence. Recently, since no ADR summon is received, me along with my parents met their lawyer and proposed for 15L for which my father in-law did not agree.I request everyone to please guide me again on child visitation conclusion and his welfare for which I am ready to pay as much I can. Another point is that my wife has now changed her address location along with my son. I last met him 2 months back and now no reply on email,phone.
Asked 5 days ago in Family Law from Gurgaon, Haryana
Religion: Hindu

noo need to pay Rs 25 lakhs 

 

2) Rs 15 lakhs offer is fair and reasonable 

 

3) you are entitled to child visitation rights 

 

4) best option is for divorce by mutual consent wherein wife with draws 498A cases filed by her and grants you visitation rights 

Ajay Sethi
Advocate, Mumbai
65485 Answers
3961 Consultations

5.0 on 5.0

Changing address doesn't now helps now, when once there is already sufficient service of notice upon her. She will have to appear in Lucknow, otherwise the Court will proceed exparte.

Also, file an application under Guardians and Wards Act seeking custody of your child. Seek visitation rights as an interim measure. 

Vibhanshu Srivastava
Advocate, New Delhi
8387 Answers
129 Consultations

5.0 on 5.0

For child custody/visitation rights, have to file application in court. And don`t offer them anything, just gather evidences of your innocence, their blackmail and she only deserted you.

Than she herself will come for compromise and even after OT settlement she can claim more maintenance, hence don`t disguise with her offer.

Her address you can get from Mahila police, complainant cannot hide after filling complaint. Her address must be with MP.

Yogendra Singh Rajawat
Advocate, Jaipur
12259 Answers
13 Consultations

4.6 on 5.0

The rcr application has been filed and she would have to reply as to why she is not staying with you. If the court does not find her answer to be satisfactory it would be a ground for divorce. As far as other cases are concerened they have been lodged in gurgaon and you have to engage a lawyer there as the mediation has failed and an fir would be lodged.

Regards 


You can file for joint custody of your son in a court of ward.

Rahul Mishra
Advocate, Lucknow
4125 Answers
11 Consultations

5.0 on 5.0

- You can file a suit for the custody of your child on ground of child welfare.

- Also if there is any visitation rights given by court, contempt petition can be filed against them

- You stand is right to avoid paying alimony at this stage. Must wait for while and then decide.

 

Regards

 

Vivek Arya

Vivek Arya
Advocate, Gurgaon
437 Answers
3 Consultations

5.0 on 5.0

See firstly you and your wife should come to mutual consent terms in this case and you should ask her to agree on reasonable amount in few portions, give you child visitation regularly and half vacation custody and further withdraw all case. If these all conditions are settled mutual divorce agreement can be made and a joint petition for mutual divorce can be preferred.

Further see you cannot force her as such to reveal address though file for custody of child and for same you can ask her to furnish the address of the  child.

Shubham Jhajharia
Advocate, Ahmedabad
18257 Answers
71 Consultations

5.0 on 5.0

You will certainly get visitation rights if you don't get custody. You can claim joint custody also. You can file application in court to get her new address

Prashant Nayak
Advocate, Mumbai
11684 Answers
18 Consultations

4.8 on 5.0

Dear,

        Mutual divorce is best option first.

        You have a right for visitation of your child.

        If you want custody than file petition in court for custody of your child.

        Second whenever they demand money, record their statements.

        They want money only from you, don't accept their offer.

Tarun Agarwal
Advocate, Jaipur
734 Answers
3 Consultations

4.9 on 5.0

If she is earning more than you then the chances are that you might not have to pay any alimony to her but it is completely on the discretion of the Court to decide whether or not alimony should be given or not. You can get few salary slips of your wife in order to prove that she earns more that you. Firstly try to sit and discuss with your wife alongside a mediator regarding the problems being faced by both of you and thereafter decide about getting divorced. If the meeting is not fruitful atleast talk about getting mutually divorced since that will take a maximum time of 6 months while contested divorce can take years to settle.

As a biological father You have full right to meet your son whenever you want. If they take any legal step against you then you also need to take legal step against them.. 

Mohammed Mujeeb
Advocate, Hyderabad
9365 Answers
3 Consultations

4.5 on 5.0

You will have to file a child visitation case against her before the Family Court Sonipat and on the first date or second you will get the visitation order.

 

fight is nothing except to loss of money, time and peace, but if you are not wrong than fight the case on merit and give her a lesson and file a case against her father for attempt to extortion under section 385 of IPC.

 

create pressure upon her by legal means and when her father personally, indulge in the criminal case, than she may be understand or feel the same 

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
5304 Answers
256 Consultations

4.9 on 5.0

Dear Sir,

 

My answers are as follows;

What immediately i should do now to make her obey the orders?

Ans: File execution with police help.

Can i file execution in the same FC and can i seek police intervention in the petition to make her obey the orders?

Ans: Yes, it has every powers.

Do i have to wait for execution filing, until she appeals in HC or can i do it without waiting for any of her appeal?

Ans: If you allow her any more time she may get a stay order from High Court. Enough is Enough

When i should file contempt of court and what will be the best strategy to make to see my kid soon.

Ans: It is only give you right to file execution and not contempt but as she is deliberately disobeyed so you may also file contempt before the High Court.

 

 

Netravathi Kalaskar
Advocate, Bangalore
2865 Answers
12 Consultations

5.0 on 5.0

You file a child custody case  along with an application seeking visitation rights as an interim relief.

You do not have to pay her father any money he may demand, simply refuse, ask him to go ahead with anymore cases against you which can be challenged as per law.

Your in laws and wife are playing on yor weakness towards your child hence you pretend not to be so much affected on that issue so that they may think about some other strategy or then may even come down  for negotiation.

 

 

T Kalaiselvan
Advocate, Vellore
55311 Answers
674 Consultations

5.0 on 5.0

Dear

You should go for mutual consent divorce and ask them to settle for a less amount and child visitation rights in which you will get weekends or alleast two days on which your child stays with you. 

By way of mutual consent divorce she will have to withdraw her police complaint as well.

Mohit Kapoor
Advocate, Rohtak
2692 Answers
1 Consultation

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that she has been using the criminal complaints as weapon to get huge money from you.
  2. The case which has filed might get turned into FIR also as the law of his section has again now be changed and PS is bound to file it after some mediation meetings.
  3. But, as you have already file the RCR and then she filed the criminal case, it also reduces credibility of her complaint and also she won’t be able to prove on evidence.
  4. So, you should try to take up them at less price or contest the case and also for the child custody before the court of law.

Sanjay Baniwal
Advocate, South Delhi
4787 Answers
11 Consultations

5.0 on 5.0

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