Hello experts, I'm seeking for your valuable suggestions/views on the below queries. My wife left my house around 3 years back with two kids and went to her parents home. This was happened without my knowledge or consent and that time I wasn't available at home. As they had shifted to another city from their old address and when I asked her about the new address she didn't share the address with me, not even her brother shared the address. Slowly slowly she started ignoring my calls, seems it was all pre-planned. Her mother got cancer couple of years back and her father have a heart issue, so both parent are very sick. She have two brothers (one elder than her and other one is younger). Her elder brother is staying with parents and he is not married (he is around 48 yrs. old). Younger one is living in different city. Initially, she said she will come back but right now, she is saying want to stay with her parents due to their old age, as they are not able to cook food etc. Her brother do not want her back. When I felt that it's affecting children's education and their life style, I tried to find her address and I've found her home address. Later I visited with my family to her home, but she started blaming, making false stories and denied to come back and asking me to send her a divorce. I'm ok to give her a divorce but I need to get my kids back, in any case. Now my elder kid is 9 yrs of age and younger one is 5 yrs. Both are boys. => I want my kids custody but when I visited them, she didn't allow them to meet me and I didn't wanted to create any issue, so I kept quite. It seems that she did brain wash of my kids. => I need the detailed information on visitation rights to my kids. => How can I meet my kids or to visit them? What are the chances to get my kids back? => She is asking to send her documents, like passports (for her and for both the kids). What should I do? => What are the consequences if I file the petition for divorce, instead she file the divorce? (as she asked me to do that). => If I file the case for divorce, "Is she able to claim any monetary case or any other type of case etc." => What if she deny to give divorce? Can she put any condition(s) at the time of giving divorce? => Is there any type of case, I can file against her? Lawers/Advocates, I would request kindly go through my above queries very carefully and please provide me as much information as you can, with the best solution. My main motive is to get my kids back, so that I can give them the best education and a better life. If I'll be successful to get my kids back because of your expert suggestions, I would be very happy & grateful to you and trust me, my best wishes will always be with you. Thank you so so much!
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File fir divorce on grounds of mental cruelty and desertion
2) wife refusing to stay with husband for continuous period of 2 years amounts to desertion
3) seek joint custody of your children
4) joint parenting is the norm now rather than exception
5) all major decisions regarding children education,extra curricular activities should be taken jointly
You need to proceed with the custody case in court for the same
If you have decided to dissolve your marriage by a decree of divorce thorough court of law, you may proceed to file it on your own on the grounds of cruelty and desertion.
For children custody, you may have to file a child custody case under the G & W Act.
In that you can file an application seeking visitation rights too as an interim relief,.
Since you are planning to file a contested divorce case, you do not have to wait for her to agree for divorce nor you require her permission
Since she has voluntarily abandoned the matrimonial home, you can refuse to to give her maintenance even if she files an application in this regard.
- 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 you want to interest to live with her , then you can send a legal notice to accompany you , and if no response then can file a petition for Restitution of Conjugal Right .
Further, if she is not interested to live with you , then take her consent for mutual divorce , which is granted within a short period of time.
- Further, if she refused to give her consent , then you can file a divorce petition before the court on the ground of cruelty and other mentioned grounds.
- However, if you will file a divorce petition , then she can claim alimony or maintenance from you.
- Further , if she is denying the visitation right , then you can file a Custody petition before the Court for getting custody or visitation right to meet the children.
- You can also get the custody of the child , if you can prove before the court that it is better for the welfare of the children if custody granted to you.
You can contact me, if further suggestion required.
As she has already left you and has no intention of coming back therefore it's better to leave her. File a habeas corpus petition in the high court against her for illegally detaining your children.
Visitation rights cannot be taken away from any parent. Therefore what she is doing is illegal.
Passports should not be sent unless all the other issues are resolved.
She doesn't want to take the blame for a failed marriage. Instead she may be planning to say that since you want the divorce you should pay alimony/maintenance etc.
Dear Client,
You can file a petition restitution of conjugal rights Under section 9 of Hindu Marriage Act.
Appreciate your valuable comments. I'm planning to file a petition for visitation rights to meet my kids. Kindly help me to understand more about it: => How and where I need to ask for visitation rights => I am staying in city 'A', and my kids are in city 'B'. Do I need to file petition for visitation rights in city 'A' or 'B' ? => What is the complete process and fees to file petition? => What is the usual time frame to get the visitation rights? => Which court is applicable to provide me rights? => Do I need to focus on any specific points on the petition of visitation rights application? => Any pros and cons for visitation rights? => Anything, I need to take care before filing application. Once again, thank you so much to each and everyone of you. I will give a 5 star rating to your answer. Cheers!
File petition in city B where child is residing
2) engage a lawyer fir drafting petition seeking joint custody of your child and visitation rights
3) it depends upon pendency of cases
4) application has to be filed in family court
5) state detailed facts that you have not been permitted to meet your child
You can ask for visitation both in the city where you stay as well as your wife stays. You can ask for taking the child with you for some days as a part of visitation.
The court of jurisdiction where you got married or stayed after marriage is Applicable.
Get it filed through a good lawyer
You may have to file the child custody petition before the court within whose jurisdictional limits the residence of child falls for proper adjudication.
The fee and other procedural details can be had from the lawyer you may engage for this purpose.
- You can fix a place for visitation as per your wish
- The petition should be filed where the kids are staying i.e. B
- Fees depend upon the advocate to whom you engaged and is not fixed.
- - You can move an application for interim order with the petition , so that the visitation right can be granted in the initial stage of the case.
- Family Court
- For the welfare of kids, the visitation right to father is necessary
- No
- You should mention in your petition that you are forced to file this petition due to continued cruelty and rejection the request of visitation to the kids.
- Further, the father is having very much love & affection with his kids , and hence it is necessary to allow the visitation right for the welfare and their mental peace.
Any Advocate from Chandigarh here? Please share your number or contact me. Thanks!
There are number of lawyers on this website from Chandigarh.you can contact of them by seeking phone consultation
lawyers cannot share their number on the website
You can get the advocate from this website with the help of kaanoon.com
You can get the details of an advocate hailing from Chandigarh from this forum's list of advocates, then you can contact the chosen one for your tasks.
Best of luck