• Wife left house with children

My wife and our children left house after i hit my wife in drunken state. Two months ago. After councillor discussion giving family 30000 maintenance. They are staying in her brother house. Paying children education fee of 1 lakh per annum. Daughter 18 yrs and son 16 yrs . I have accepted my mistake and want my family back. I am a state government employee and taken house loan for construction of a property in my name. I love my family. I am in lot of financial problem. If i stop giving maintenance what will they do? Can they demand share from my property? I have stopped drinking also.
Asked 6 years ago in Family Law
Religion: Muslim

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18 Answers

if there is a court order a husband/father is duty bound to maintain his wife and children. 

There is no right to claim share in any type of property of husband/father during life time.

try to settle dispute amicably with the help of both elders family members. 

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

Yes, they can come back if you have accepted your mistakes.

 

Kindly revisit to counselor and ask them to reverse decision and ask family to come stay with you.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You should tey and negotiate with her brother. In married life people commit mistakes and you haven't committed a very big one. Try to convince her and her brother.

 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

They will come back to you. Try to talk to her relatives and yours  too.also talk to the maulvi who did your nikaah.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

They can go to the court to get the maintenance award executed. You may now talk to them and try and get the matter resolved. 

 

Regards  

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

They will come back to you or not can not be answered by us here. 

it is upon you to convince them and then to re-build your family. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

wife has no share in husband property 

 

2) if you fail to pay maintenance wife can file application seeking maintenance for herself and children 

 

3) wife can seek injunction restraining sale of property  by you 

Ajay Sethi
Advocate, Mumbai
99833 Answers
8148 Consultations

You can issue legal notice to wife to return to her matrimonial home 

Ajay Sethi
Advocate, Mumbai
99833 Answers
8148 Consultations

- As per Muslim law, a Muslim woman is entitled to dower , that she got from her husband at the time of marriage. If the husband wishes, he can give away anything to his wife but it's not binding on him.

- Further, A husband cannot ask his wife to leave the matrimonial house , as she is the co-owner  of the property . She can ask for the settlement of her share from her husband.

- If, you are interested to continue with her , then you should approach for the same, with the help of your well wishers , and if she refused the proposal , then you should sent he a legal notice for joining the matrimonial life afresh. 

- If, no response, then you can file a petition for restitutition of conjugal rights in the family court under muslim law.

- Court will grant ex-parte decree in her absence, and you will save yoursef for future harassment and cases.

- Dont. worry ,now you are right path, send her proposal for accompany you .

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

File a petition for restitution of conjugal rights since you sincerely wish to save this marriage. 

Since your wife has voluntarily abandoned you, and not coming back to you despite the fact you have remorse and you’ve pledged to give up on your bad habits, she’s not entitled to any maintenance 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Dear sir

You should file RCR petition in court to bring bank your wife. 

But before that you can take help of your relatives or children to solve the matter through mediation and counselling.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

They can claim the same from your house or attaching the same. You need to pay it else they will start issuance of non bailable warrant

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

See if you stop maintenance they can file before court seeking maintenance for wife and children and you have to give. 

Also you can try reconciling through family and personally if same fails you can file a petition before family court.

They don't have right on the proeprty.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See you have to approach her and should request and pursuade her to come back.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. If you stop giving maintenance to her and children then they can file DV case or 125 Cr.P.C to claim maintenance from you. You are bound to support your wife and son.

2. During your lifetime none of your legal heirs has any share in your property, but DV Act allows your wife to seek injunction against the sale of property by you as it would defeat her right to residence therein.

3. No court can force your wife and children to return to you.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

The maintenance is the right of your family and they have to be maintained by you only even if you have a financial constant in case you do not pay the maintenance allowed they have to go for the execution and you may be arrested for the payment under maintenance to your wife and children it will be good for you to go for the settlement did your wife and children so that you can get them back you have to realise that this is a gross mistake and you will be the ultimate suffer in this case of course your wife and children have the right on your properties in case you do not maintained in if any property is transferred to you from the ancestral property your children will have the right and those properties

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

If you sop paying maintenance amount then they may approach court with a petition under section 125 cr.p.c. seeking maintenance for all through court.

However they are not entitled to claim any share in your self acquired  property at least not during your lifetime.

 

 

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

It is upto them to return to your home, however you can give an application to the lok adalat seeking for mediation and directing them to return to the matrimonial fold.

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

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