• Wife left house with child for visiting parents and now absconding

I have a very dominating wife and we have regular fights. This is the second marriage for both. I have been patient since our daughter is only 5.5 years old and very attached to my mother and me. She is not fond of her mother who scolds her and shouts at her frequently for very small issues that are normally ignored by parents. We sleep in separate rooms since 6 months.

In Jan'14, we both decided to give the marriage 2 months time or then separate. About 3 weeks back, she told me that she wants to leave me and asked for mutual consent divorce papers to be made. I fell sick for a week and hence the papers got delayed.

After our last fight 11 days back, she went away to her parents home in another city for a few days, with the child. She has come back to the city but not to our house and resumed work today. I am not aware about the whereabouts of my daughter and there has been no communication from her/daughter since 1 week.

I stay in my mothers house.

1. What actions can I take to access my daughter.

2. Can I seek my daughters custody. The child will clearly mention her preference for me and my mother in court.

3. On what grounds can I file for divorce and when.

4. Can she claim a share in my mothers house. I don't own property.
Asked 2 years ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
If you wish the marriage to sustain then file a case for restitution of conjugal rights and wait whether she joins you.  If you have decided to divorce her then go for Mutual Consent Divorce, as your wife is also agreeable for MCD and before that you make your stand very clear to her that you will be the custodian of your daughter after divorce.   Whether you want to pay her maintenance/compensation etc is left to your decision. Your wife can not claim share in your mother's house after divorce.
Shashidhar S. Sastry
Advocate, Bangalore
1239 Answers
59 Consultations
5.0 on 5.0
go for mutual divorce and decides the terms of settlement
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
it is better for you to go for MCD decide all terms of settlement before that
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
1) your wife has no claim on your mother property . 

2) you can file for divorce on grounds of mental cruelty . you can also seek custody of your child . 

3) if your wife is agreeable file for divorce by mutual consent . contested divorce petition take years to be disposed of . 

4) in the consent terms it should be mentioned that you shall have custody of the  child and your wife visitation rights . 

5) if you file for divorce on grounds of mental cruelty the said petition can be converted into petition for  divorce by mutual consent .
Ajay Sethi
Advocate, Mumbai
23237 Answers
1219 Consultations
5.0 on 5.0
1. You should agree for the MCD propose by her earlier since contested divorce cases take  long time,

2. If she does not agree for MCD, file a divorce suit on the ground of cruelty with supporting evidence,

3. You can pray for your child's custody which will be decided keeping the child's welfare in mind,

4. Your wife shall have no right on the property of your mother.
Krishna Kishore Ganguly
Advocate, Kolkata
12111 Answers
231 Consultations
5.0 on 5.0
Dear Querist
as per your queries my opinion is as under
1. What actions can I take to access my daughter
Opinion: first of all you have to search her current address where she is residing. after that you can file a child custody case before district court where the child was ORDINARY residing..

2. Can I seek my daughters custody. The child will clearly mention her preference for me and my mother in court.
Yes you can file a case for child custody under section 25/12 of Guardian and wards act.

3. On what grounds can I file for divorce and when.
On cruelty ground you can file the divorce case anytime but on desertion ground the separation should be complete two years. 

4. Can she claim a share in my mothers house. I don't own property.
no she can not claim any share in your mother's property.
Feel Free To Call
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
1. It is unlikely that your wife will agree to mutual divorce by relinquishing her right to have the custody of your daughter. Since divorce without being given access to your daughter is a proportion that will be unacceptable to you, you may apply to court for custody of your daughter. 

2. In the event your wife refuses to apply for joint divorce, you may unilaterally apply for divorce on the ground of cruelty. 

3. She has no share in your mother's property. If the property is registered in your mother's favour then she can dispose it at her sweet will without any embargo being placed on her right to do so. '

4. If you wish to get access to your daughter then move to court without any further delay as more the delay the more difficult it will be for you to obtain the custody of your daughter.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0

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