• My wife is high tempered, left house, took kids and not staying with siblings with no contacts

I have a daughter a son of 11 years, daughter 9yrs and small son of 5yrs. My wife was staying with me for last 10yrs in UAE, all 3 kids born in UAE and I always supported my wife to make her comfortable and give her best but she always high tempered and blaming my siblings and dont want to mix with them. her sisters brothers misguided her and advised not to stay with me in UAE, She followed them without thinking that she is spoiling her and kids life. now staying with her siblings with children.I love my children very much. But they are not allowing me to talk my children even though we ve not yet gone for divorce.I regularly paid their monthly expenses before covid but once they are not in contact and avoiding me to contact I stopped sending money to them. as her brother has got the property from his expired mom and have enough money to survive. her eldest sister said something to all relatives about my back and they unfriend from facebook and no one wants to talk or listen from my side at all, i dont know the reason what the eldest sister wrongly explained to all relatives. I didnot cased against my wife as she is a mother of my children.
My in laws always involving misguiding my wife instead of advsing her in a better way. I am ethical & educated.I married a family girl without dowry & any demand specially when her father was at last cancer stage. I dont drink smoke & not a cheater.I hd taken care of my wife & her family properly. I took my wife even for holiday tour to UK and were happily staying toghether before her eldest sister starting involving in our life. I want to know whether I can make a police case or court order from UAE on inlaws for emotionally breaking me for not allowing talking to my kids from abroad, defaming me before relatives, not allowing to talk my children. (Please note that wife left wtih kids without my permission from UAE and stayed in her mothers house for almost 4 yrs now), we are not divorced and i dont want my family to break. My kids are my life.it is really a wrong to be right in society.Can i take my childs in my custody & give them best with the help of hired caretaker in UAE, please guide all Husbands are not wrong and i have no fault from my side caring them while they were in UAE.
Asked 1 month ago in Family Law
Religion: Muslim

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

20 Answers

First of all file a petition in the high court for illegally detaining your children and not letting you meet them.

As you are a muslim you have the option of either divorcing her or asking her if she wants divorce. 

If she is not coming back without any valid reasons then she is guilty of breaking your family. 

Rahul Mishra
Advocate, Lucknow
11560 Answers
20 Consultations

5.0 on 5.0

No they cannot do anything unless you don't attend proceedings in India. A power of attorney can be given to any trustworthy person and he may institute legal proceedings against them. You should take strict steps. Children are the victims of such disputes as they will be told that you are wrong.

Rahul Mishra
Advocate, Lucknow
11560 Answers
20 Consultations

5.0 on 5.0

Yes you can seek custody of the child through court. You need to prove in court that you are seeking custody for betterment of your child

Prashant Nayak
Advocate, Mumbai
22417 Answers
49 Consultations

4.4 on 5.0

You can file petition for RCR in India as marriage solemnised in India and wife is staying in India at present 

 

2) seek sole custody of your children 

 

3) seek interim visitation rights 

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

If your wife does not participate in proceedings in UAE court then any orders passed would not be valid in India 

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 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,

2. you can also fil a suit for the custody of the kids,

FYI

The mother usually gets custody of the minor child, under the age of five but in case the mother is careless or ignorant towards the child it can be given to the father.

but after five it can be given to any parent.

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.

 

keeping in view the above facts, you can prepare your defense.

 

3. once you start the litigation she may file/claim"

#498a complaint 

#Domestic Violence case

#maintenance,

so be ready for them too,

 

Suneel Moudgil
Advocate, Panipat
2330 Answers
3 Consultations

4.7 on 5.0

filing the case in UAE will be futile if your wife do not join the proceedings,

Suneel Moudgil
Advocate, Panipat
2330 Answers
3 Consultations

4.7 on 5.0

Yes....you can proceed to file a habeas corpus petition against your In laws so that your family be presented before High Court. Then it will be clear as to whether your wife and children is desired to come with you or not. If your wife agree before Court to come with you, then there is no problem. But if she deny, then you'll file a case in family court to take costudy of your children.

 

So far as your arrest at Airport is concerned, it be possible only when a FIR has been registered against you under cognisable offences. Need any help to find out, please talk any lawyer of the nearest place.

Raj Kumar Mishra
Advocate, Allahabad
165 Answers
2 Consultations

4.5 on 5.0

You can file case in the Indian court and take the child custody to take abroad for better  future of them for educational purposes and better leaving of standard. 

 

Here you can prove that you can take better care than her in the UAE.

 

Don't apply in the UAE any case because Indian law do not accept any order of foreign court only mutual understanding between spouses are accepted.

 

If you're parents or siblings are here in Indian than for time bey you can give them legal POA to attend court proceedings on your behalf and on video conference you can attend further court hearing.

Ganesh Kadam
Advocate, Pune
11668 Answers
109 Consultations

4.9 on 5.0

1. To get a remedy you should explore legal recourse in India and not in abroad. 

2. Considering your priority you will have to file a suit for restitution of conjugal rights

3. In the said suit you can file petition for visitation of your child. 

4. She can file 498A IPC case which can easily be dealt with by applying for bail. Once bail is granted there is no scope for issuing LOC.

Devajyoti Barman
Advocate, Kolkata
21680 Answers
311 Consultations

5.0 on 5.0

For wife jus go for section 9 RCR n for children jus go for child custody n go for anticipatory bail too.. Bcz anything could happen.. Contact me.. I will guide on cl dun worry

Roshan Khatri
Advocate, LUCKNOW
138 Answers

Not rated

- Delhi High Court granted divorce to a man on the grounds of his in-laws’ frequent interference in his marital life and noted that parents should “draw a line” and let their daughters lead a happy, married life.

- Hence, the wife's relatives interference in your married life is against the law , and you can file a complaint against them before the police.

- Further , if they continuing to creating rift between you and your wife, then lodge a complaint against them after mentioning that they are trying to destroying the matrimonial life . 

- 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.

- If your wife is not joining the married life with you, then you can send a legal notice for the same , and further if refused , then file a petition for restitution of Conjugal rights

- Further , she cannot barred you from meeting and talking with you legally , you can file a custody case before the court. 

- Further , these cases can be filed by any relative in India on behalf of you , if you are unable to come to India. 

 

- You can connect me via kaanoon.com , if further advise needed. 

Mohammed Shahzad
Advocate, Delhi
5531 Answers
51 Consultations

5.0 on 5.0

Dear Client,

You can file a case for the custody of the children in India giving Special Power of Attorney to any relatives in India.

Jaswant Singh
Advocate, Gurugram
877 Answers
2 Consultations

4.8 on 5.0

You cannot take any action against her parents or her sisters for their influence on your wife.

You have been living separately for the last four years away from her, hence you may decide about quitting the married life if your wife is not understanding your feeling or realising the marital obligations  or want to continue the marriage with yo anymore.

There is no necessity for you to  to give them the monthly maintenance without any court order.

Let them apply for maintenance which you can challenge at the time of trial.

If you want the custody of your children you can file a child custody case and also can seek visitation rights as an interim relief in the same case to visit your children periodically as per the schedule you have drawn in that child custody case.

You can consult an advocate and file a contested divorce case on the grounds of desertion and cruelty.

 

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

By filing divorce case nobody will blacklist you.

If you have any close relatives in India, you can give them the power of attorney deed to them to conduct your  divorce and child custody case and to represent you in court during your absence on the dates of hearing.

 

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

1. You can file petition in court to bring your wife back as per laws of UAE.

2. You can also send a legal notice to your wife to comeback to you as she left without any sufficient reason and you should mention that "you are acting under influence of your sister which is deteriorating your relationship and life of our kids. "

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

Dear client,

This is to inform you that,

  • Following Section 20 of the CPC, 1908 you can institute the suit where the defendant resides or where the case of action arose, therefore you need to initiate it in India only.
  • To proceed with the case of defamation you need to collect proof regarding the statement made against you which are defaming in nature.
  • You can send the Legal Notice to your wife demanding her to come back with the children to UAE followed by suit for Restitution of Conjugal rights in the Family Court. In accordance with the case of Moonshee Buzloor Ruheem v. Shumsoonissa Begum,1867. It was observed in this case that if either party to a marriage contract has withdrawn from the society of the other without any valid reason, or has neglected to perform the marital obligations, the aggrieved party may bring a suit in a civil court for the restitution of conjugal rights. Thus, where a wife refuses to live with her husband, the husband is entitled to sue for restitution of conjugal rights.
  • If your wife does not agree to come back to you with children’s then you can file for divorce petition along with custody of the children’s.

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested to send one legal notice to your wife to join you with kids at your place in UAE. And if not complied by her, file the case to call her at your place. The case may be filed at that place itself. 

Ganesh Singh
Advocate, New Delhi
6512 Answers
13 Consultations

4.5 on 5.0

1. Find out what is the real reason for her leaving you with her kids since it is very unnatural that she will leave her around 12 years old married life being influenced by her sister's advice.

 

2. Try to address the said problem thereafter.

 

3. Attempt to talk to her and settle the dispute amicably since divorce is the 2nd most stressful event in one's life.

 

4. If your effort fails, file a child custody case for your kids who have crossed 5 years age.

Krishna Kishore Ganguly
Advocate, Kolkata
24708 Answers
701 Consultations

5.0 on 5.0

1. Who will make you black listed at the Airport?

 

2. There has been no cause of action took place in India to lodge any police complaint against you.

 

3. You can execute POA in favour of your relative or friend to pursue the case in your absence.

Krishna Kishore Ganguly
Advocate, Kolkata
24708 Answers
701 Consultations

5.0 on 5.0

Ask a Lawyer

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