• Wife & her family mental torture

Dear Sir

I’m working professional and married from last 9 years and have One 6 year boy. I have shifted to India last year from Dubai and my current job is in Bangalore where Most of the times I need to travel outside country for official purpose. We were living happy life. From last one year I left my family to my parents house due to my child study and planned to bring them with me in this year by March. I already made my child admission in Bangalore for this year as well. But all of sudden in Feb 07, 2020 when I was in Australia for official purpose for 2 months project, we had some small argument over the phone, at that time she was her parents home and didn’t return until now. We have our Anniversary on Feb 08 where I wished her on whatsup, sent Cake and called but she didn’t replied for anything and then she stopped talking with me.
Upon asking her And her parents so many times what’s an issue she started blaming me and stating that she doesn’t wants to live with me and start putting a blame that myself and my family members have harassed, abuse and torting her from last 8 years, and I really got surprised.
Her parents even not allowing her to meet my child even after so many request. My elders have spoken to her and her parents couple of times and told to setup a meeting and close the issues. 
Two times they agreed also to meet and one time in Feb I specially came from Australia in middle of my work for 4 days To solve the issues but they have all of sudden denied to meet. And after so much request they let me meet my child for 2 days and then I return to go Australia. 

When I was in Australia my elders again requested her parents to setup a meeting and sort issues; it was decided to have a meeting on March 11 after agreeing with her parents. 

When I returned on March 09 to India I requested my elders if They can speak with her parents and al least for 2 days before we meet on March 11 if my child can stay with me as he was missing me a lot. So when my elders spoke to her parents to let me meet my child her parents refused for it and also said that currently they don’t want to meet and they will also not allow my child to meet.

Looking at this strange conversation, my parents
Informed me that on March 06 she came home for 1 hr. And took few things from my bedroom. When I investigated I found that all mine, father, grand father Chequers books along with my original LIC documents, policies, Marksheet of 10th, 12th, MBA degree, company reliving letter, Bank locker key were missing. 

I tired to contact her many times but she is just putting a blame and also not let me child speak to me and he is missing me too much. She keeps on harassing me on whatsup and always mention that me and my family abused, torted her upon asking what we done she doesn’t have any answer for it. What should I do? I’m really very depressed and missing my child a lot and most of our conversations happened over whatsup
Asked 4 years ago in Family Law
Religion: Hindu

4 answers received in 1 hour.

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25 Answers

1. See firstly for all the documents and intimidation file a police complaint.

2. Further for your wife you need to file a petition for restitution of the conjugal tights of you want her back and also can seek mediation from the court.

3. For the child you can file for custody or visitation rights also seeking interim visitation rights pending the petition.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can file custody petition as well as visitation rights in court. The Court will give you visitation rights at least

Prashant Nayak
Advocate, Mumbai
31954 Answers
180 Consultations

4.1 on 5.0

Hello,

File a complaint first for criminal intimidation, criminal breach of trust, theft with your local police station with the help of a local lawyer and file a divorce case after sometime.

Regards

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

I think she concocting false accusation to implicate in false cases of domestic violence.

As of now it is not prcisely clear what she want but taking such documents from your house mean she may blackmail you by taking advantage of such documents in her possession.

Keeping trying till her actual moto not come out. And for child, if she not agree than have to apply for child custody in court which is not advisable at present because her intentions are not clear.

Generally such things women starts when she wants to get separate and demand handsome alimony.

Ask her what she want and try to dig out her intention and dont infuriate.

Yogendra Singh Rajawat
Advocate, Jaipur
22648 Answers
31 Consultations

4.4 on 5.0

Issue legal notice to wife to return to her matrimonial home with child and to return your original documents stolen by her 

 

2) if she refuses file police complaint under section 406 of IPC for criminal breach of trust 

 

3) also file petition for divorce on grounds of mental cruelty 

 

4) seek sole custody of your child 

Ajay Sethi
Advocate, Mumbai
94778 Answers
7546 Consultations

5.0 on 5.0

You can seek sole custody of your son 

 

2) you are biological father of child and you would be entitled to talk to your child , meet him 

 

3) if wife files false dowry harassment case apply for and obtain anticipatory bail from sessions court 

Ajay Sethi
Advocate, Mumbai
94778 Answers
7546 Consultations

5.0 on 5.0

1. To get back the child you need to file the custody suit the outcome of which depends on merit of the same. Unless and until you can manage to prove that safety and welfare of the child is gravel at danger with his mother, do not expect from the suit anything except visitation rights.

2. Police has no authority to let you meet the child unless there is a court order.

3. To get back the documents you can lodge complaint of criminal breach of trust and theft against your wife on which basis the Police is authorised make search and seizure of the lost articles.

4. If she wants she can file case u/s 498A IPC.

5. Go and meet your wife in person to settle the dispute amicably.

Devajyoti Barman
Advocate, Kolkata
22835 Answers
490 Consultations

5.0 on 5.0

  1. if you want to remain in the matrimonial relationship, then, try to settle the matter amicably with your wife involving elders/relatives/friends etc and take her back, and if, failed, file Restitution of conjugal rights petition in the Court, 

and,

  1. if you want to terminate the matrimonial knot, then, try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,

don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,

some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.

if failed, you have two options,

one option is to,

file contested divorce on the grounds of mental cruelty but it will take many years,

also once you file contested divorce she will surely file/claim

498a complaint 

Domestic Violence case

maintenance,

so be ready for them too,

and,

the second option is to file Restitution of conjugal rights petition in the Court, to show your bonafide intentions to save the matrimonial tie, however, you can withdraw the same any time,

RCR will work as a safeguard to 498a, maintenance, DV etc 

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

1. you can get the child custody,

various factors are considered while deciding custody petition like financial status, the welfare of the child, will/consent of the child, educational status, living standard, place, extra amenities, etc

The most important factor is the BEST INTEREST OF THE CHILD.

2. No one can restrict you from meeting your child, however, if your wife/in-laws are trying to restrain you, file a custody case,

3. if she files any 498a/police complaint, arrange anticipatory bail to avoid police harassment,

4. Whatsapp chat/calls/sms etc are admissible evidence if relevant and proved

 

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

1. A case for theft under Section 379 IPC is made out in this scenario.

2. You are also free to file petition for dissolution of marriage on the ground of cruelty.

3. To get access to child you have to file a petition for declaration of guardianship and child custody in the court of guardianship judge. The least that you are entitled to get is visitation rights.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

- Absolutely, you are better equipped to ensure well-being of the child.

- You cannot be denied the right to visit you child, meet and chat with your child. Seek custody of your child by approaching the Court.

- You may file a habeas corpus petition in the High Court. You need to see a local lawyer for this.

-Produce this before the Police/Court.

- See a local lawyer and file a petition for restitution of conjugal rights.

 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

You may file for the child custody on ground of welfare of child though seeing age of child you may be not granted full custody of child. 

See in case she files false case anticipatory bail can be taken and further quashing petition before high court can be filed.

See file for child custody and RCR and wait for there response in same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You may have to handle it with patience.

Do not take any hasty legal decision.

It may be a temporary problem which can be sorted out once you are here in India permanently.

May be you set up a house separately way from your parents house and call her to rejoin you so that she may feel comfortable and convenient.

You just wait for the present crisis to come to an end after which you can first issue a legal notice instructing her to rejoin you.

Later on you can plan to initiate proper legal action for further reliefs.

 

T Kalaiselvan
Advocate, Vellore
84979 Answers
2204 Consultations

5.0 on 5.0

Custody rest with mother. Take help of child welfare committee for child admission.

Either parent have eqaul of child custody and none spouce can obstruct.

You can apply for anticipatory bail but no provision to stop her from filing case.

Take support of police to meet child.

Yogendra Singh Rajawat
Advocate, Jaipur
22648 Answers
31 Consultations

4.4 on 5.0

You can filer a child custody case and can seek visitation rights in it as an interim relief by filing an application in the same case.

Her parents cannot stop you from seeing your child, you have equal rights in the child as a biological father of the child.

Police complaint in this regard is not maintainable.

 

T Kalaiselvan
Advocate, Vellore
84979 Answers
2204 Consultations

5.0 on 5.0

DEAR SIR,

You are suggested to file the cases of restitution of conjugal rights and child custody in order to put a pressure on her to return back and give the back the custody of the child. It is quite possible, that you will get the child custody because the best welfare of the child is possible in your company only and not in her company. Her parents have no right to not stop the child from meeting. The police complaint will strengthen your points. It is possible that they may file false cases of dowry demand (498a), maintenance or domestic violence but your case of restitution will be a shield to these cases and you will have plus points. Your slips of medical treatment, depression and child recording's of crying and missing will be proof against her false cases and in support of your cases. You are also suggested to have proofs on whatsup where you clearly mentioned to her that you never demanded any single

Penny from her family and always given her a good life and every time. This all be your strong proof.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Hi

1. Yes you can get the child custody. 

2. No, they are doing wrong. They cannot stop you from meeting your child.

3. File for child custody and interim relief in court to meet your child. 

4. False complaint of 498A cannot let anyone behind the bars. If they file. Police will investigate and you will present the things of your favour. Nothing to worry. 

5. File a police complaint against them all.

406IPC.

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

In the case of matrimonial disputes we will treat it with at most care and patience. Never ever take any hasty steps and legal decision.

As per your version, your relationships has running smoothly up to 2019. So think what happened after 2019.  Something went wrong. It may be raised from the wrong conversations, misunderstandings, or egos the words or speeches from your siblings or parents. So find out what the real cause is for this changes .

Your wife already has drawn a picture about you in their parents. So they react accordingly her wish and words. Please do understand that love, affection, trust etc are lost in your family life. Lack of conversation makes the situation in worst condition in family life. Matrimonial life is for homogeneity and companionship.

The judicial system has a vested interest in protecting the institution of marriage. A happy marriage is a harbour in the tempest of life an unhappy marriage a tempest in the harbour of life, more and more people are realising the reality of their relationships, and accepting divorce as the rational choice to a better life necessary premised on better relationships.

Time can only sooth your problems .Wait for some times and try for amicable settlements through relatives, your wife’s relatives /elders, good friends (if they are capable of influence her only)   Crises cause the strong to unite, which makes them all the more powerful. If you need a good family life then refocus your priorities. Make sure your family’s goals meet everyone’s needs. Keeping conversation positive, rather than hostile and derisive, will enable the other person to feel more respected and encourage sharing of thoughts.

You have every right to see your child, the law also help you for that .So you have two options, 1. Divorce or 2.Save the marriage if so, solve the problems between you and your wife with a good counseling’s with the help of psychologist. 

if you want to remain in the matrimonial relationship, then, try to settle the matter amicably and if it is  failed then file Restitution of conjugal rights petition in the Court.

Ajay N S
Advocate, Ernakulam
4074 Answers
111 Consultations

5.0 on 5.0

Yes if you are able to file the same you will get visitation rights at the least and custody on merits. You need to contest the false cases if any filed by your wife against you and your family

Prashant Nayak
Advocate, Mumbai
31954 Answers
180 Consultations

4.1 on 5.0

A police complaint would be good for a start but i don't think it'll help you as the police would say that it is a family matter. Take some people and go to her house and ask for your documents etc. If she is adamant on staying away from you then file a divorce petition.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

If she does not agree with you then file a habeas corpus petition in the high court against your inlaws and wife for illegally detaining your child.

If she files a domestic violence case against you then you too should file a domestic violence case against her through your mother.

Anticipatory bail application should be filed if she lodges an fir.

File a complaint before a magistrate for theft and criminal intimidation against your in laws.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- And further, if wife Living Separately from Husband without Any Reason Can’t Get Maintenance, and further this is a good ground for getting divorce from the court of law.

- Since, she is not interested to live with you, then you should send her a legal notice to join the matrimonial life.

- If, within 7 days of time , she not response , then you file a case for Restitution of Conjugal right , on the ground of the said legal notice.

- Further, If she is not interested to live , then try to take her consent for mutual divorce, on the condition of custody of kid . 

- Legally her parents have not right to interfere in your matrimonial life, and not letting to meet your child , except the court order.

- Police has not power to fix child custody or meet , except court. 

- Dont worry for the consequences of 498a FIR , if she files the same against you and your family members, but you will have to take bail from the court. 

- As per Supreme court, if the accused join and investigation , then they deserve to get bail .  

- Further, if your wife is using women card, then your mother is also a woman, and needs to pass her life in peace ,and can file a petition for harassment & torture against her under the provision of domestic violence act.

Mohammed Shahzad
Advocate, Delhi
13261 Answers
198 Consultations

5.0 on 5.0

1. You should file RCR petition under section 9 HMA to reconcile with your wife Through court.

2. Yes you can get custody of child but it would be better if you try to reconcile with your wife.

3. Parents of your wife cannot stop you from meeting your child. If they still stop you from meeting your child then you should file suit under Hindu minority and guardianship act to get custody of your child and claim interim relief of visitation rights.

4. No you will not be arrested if they lodge FIR because you can get bail easily.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

The option available with you is to file a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act 1955(assuming you are a Hindu).. 

you can claim the custody of the child under Section 7 and 17 of the guardianship Act and under section 12 of the Hindu Minority Act. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

  1. As per the information mentioned in the present query, makes it clear that there cannot be the case of domestic violence or of the 498 against you and your family members as all the records that you have shared clearly show that it was a happy married life for last 9 years.
  2. Yes, it is also true that she might come up with the false cases and there only the present police complaint that you have filed before they would have filed any against you and the proofs that you are having, will definitely save you from her false and concocted complaints.
  3. Rest, yes, you can get the visiting rights at least for the time been, so that you can have a meeting with your child legally.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

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