I have below given questions 1 If I file divorce case against my wife then whether she will automatically be eligible for maintenance even if she lives with me or not and considering my both of the children (both boys) are with her since 04/12/2021 2 If I file only custody case for my children then whether my wife can claim for maintenance for her and my both of the children without filing any divorce case, maintenance case, etc. and considering my both of the son's are with her at the moment. 3 After I file custody case then if my wife comes back at my home in Delhi then whether I can still continue my custody case considering my wife is not at all concerned about my son's education and well being since she has asked their school in written to cut their names from schools rolls or records and even not allowing them to give their online Term 2 exams which has started on 06/12/2021 5 My wife has again filed complained with women cell in Haryana at her father's place(city) considering first time complained was filed in June,2021 and after 3 councelling at women cell and 3 at Mediation center complained was withdrawn by my wife solely in the month of November and basis this what cruelty I can show to court of law. 6 My parents lives in Harayana and I live in Delhi and in spite of that my wife has named my parents, my sisters, my bhabi in her fresh women cell complained filed on 11/12/2021 7 My wife had forcefully entered my parents home in Haryana and stayed there from 04/12 to 06/12 and tried to harass them both mentally and physically and made false domestic violence complained on 05/12/2021 and then finally on 06th of December made scratches on her body and then did medical of herself and then made fresh complained to women cell in my parents city in Haryana but my city's police has not entertained her complained then my wife had made complained to her parents city in Harayana in women cell of Haryana Police, Actually this is her third complained in women cell, what sort of remedy here is with me. 9 My wife had left my parents home on 06/12/2021 considering I have never forcefully ousted my wife from my Delhi home. 8 Today, dated: 13/12/2021 was my first hearing date in women cell of Haryana regarding third complained done by my wife in women cell of Haryana Police and I have not attended this because there was no worth of going there after gone through total of seven councelling of earlier complained's including 3 councelling of mediation center. 9 I need custody of children back asap and whether divorce case can involve custody case as well, if not then should I file custody case separately. 10 I want to avoid maintenance to my wife and that's why I don't want to file divorce case or separation case as of now and more interested to file my child's custody instead.
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Wife has to make application for maintenance
2) she can seek maintenance fir herself and children
3) you can draw attention of women cell that her earlier complaint was withdrawn by her
4) complaint against your parents is made to force you to settle with your wife
5) even if FIR is filed against your parents mostly your parents name would be dropped
6) you can file petition seeking sole custody of your children
Dear client,
1) she has to claim for maintenance only then the court will decide.
2) Not for children. She can claim maintenance
3) you can continue
5) you can show mental torture running behind these
6) she may say in phone calls or visits
7) as she is still a wife, she can enter her in-law's house. The remedy was to seek protection from the police so your parents are not harassed.
8) you can give this reasoning when asked
9) file it separately
10) if you show she earns more than you and is able to survive herself, you don't have to pay maintenance.
Thank you
1. The maintenance amount shall be granted to her if she and her expenses have not been taken care by you provided she do not have any source of income to sustain her expenses. However you may have to give maintenance to your children.
But please note that since they all are residing with you in the same house and are being taken care well by you, there is not question of she seeking maintenance from you.
2. Your wife has to file a case seeking maintenance from you unless you cannot be force to pay her without a court order in this regard.
3. The child custody case is different to that of the prevailing circumstances, you may decide whether to continue the child custody case or not once she is returning permanently to your home.
5. If she is in the habit of filing criminal complaint against you frequently before police without any fresh cause of action, then this is also an act of cruelty.
6. The you may have to handle it accordinlgy before the police.
7. You collect the details of all her complaint and challenge her during trial proceedings if the police still register FIR on the basis of her false complaint.
9. You have to file a child custody case separately.
10. The maintenance can be granted top her by court only after she is applying for it and the court is hearing both the sides.
The divorce case will not pave way for maintenance to her automatically, hence do not be misguided ion this aspect.
- 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.
1. As per law, your wife can claim maintenance for herself and children if she not having sufficient means for her maintenance .
- Hence, if you will file a divorce petition, then she can move an application for maintenance in the same court for seeking maintenance.
2. If you will file a custody case for seeking the custody of child , then the court will have see the welfare of the child and to grant the custody order and not the maintenance of the child
3. For the custody the court is bound to pass its direction firstly on the custody after keeping into consideration for the welfare of the child like education , maintenance , and hence if she is not competent then court cannot grant the custody to her only on the ground that she is a natural mother .
5. Yes,
6. She can lodge complaint against all the family members after narrating a story before the CWC , and hence your presence before the CWC is needed to reply to her allegations.
7. Legally , she having no right to stay in the house of her in-laws against their wished ,and hence your parents can remove her from their property on the ground of mistreat.
- However, she can seek residential right from you after filing a complaint under DV act.
8. Your or parents appearance is needed before the CWC , otherwise they can lodge an FIR against you after accepting her compliant .
9. You can file custody petition separately for seeking custody of child.
10 .If she is not living with you without any sufficient cause then she cannot claim maintenance from you , and further if she is not interested to live with your parents then this is cruelty and a ground for rejection of maintenance as well.
You can contact me, if further suggestion needed.
1. If she stays with you and court thinks that maintenance has to be given then it may award but in normal circumstances it's given only when she leaves the house. Doe children you need to pay your part.
2. Yes she can claim maintenance without filing divorce
3. Yes you cnn
5. Yes
6. You can get their names quashed from HC
7. Complaint can filed against her too under domestic violence on behalf of mother. Complaint can also be filed against senior citizens Act
9. Ok
8. Inform the same to women cell too
9. You need to file custody case separately
10. You can object her maintenance application in merits
Can i try to take my both of the children's back from my wife by going their fathers home where my wife is living at the moment and if they deny can I do this forcefully as well considering i am biological father and further whether this can put me into legal trouble or what precautions I should take and by today i have sent email to Deputy Commissioner for the cruelty done by my wife towards me and my children's since she has sent written message to their school to cut off their names from school records and even not allowing them to give their online exams and even not allowing them to attend their online classes. My both of the son's are aged 9 years and 6 years and their are deprived of their right to education and their rights under Article 21 and 14, please help me in clarifying my doubts.
You can go to your in law residence and meet your children
you should not take children forcibly rather file application seeking sole custody of your children
The deputy commissioner of police cannot come to your rescue in this regard.
You have been misguided on this.
Whatever remedy on this is to be obtained through court of law alone and not through such law enforcing agencies.
If you feel that the rights of the children to education are being deprived, then you may have to approach court with a petition seeking their custody for this reason by providing documentary evidences supporting your averments and claim.
You can get an interim order also from court considering the gravity of the case.
If you want to take your child forcibly from her custody, you can very well do it by simply barging into her house.
Until and unless you do not indulge in any violent activities in this regard with her or with her parents, you cannot get into trouble, you make sure that you are properly protected by your side relatives and friends who should remain outside her house while you are entering into her house for this purpose.
1 Delhi police is not actioning on my physical assault complained and MLC done by Hospital in the morning month of October,2021, What further action should I take in this regard. 2 My wife had given complained to women cell of Haryana police and finally my wife has asked police to take further action which may result into filing of FIR or rejection of complained and i have also given my written statement to women police cell on the very same day in the month of December, What further course of action should I take in this regard, i.e. Application for Anticipatory Bail and when and at what stage. 3 I currently live in Delhi but my marriage was consummated in my home town in Haryana and my parents presently lives in Haryana then where I can file Divorce case. 4 As currently I live in Delhi and my both of the Children were also living with me in Delhi apart from my wife and my parents live in Haryana and my marriage was also consummated in Haryana then what is the correct jurisdiction for filing custody case for my both of the son's. 5 My children are with my wife at the moment and if they come back at my Delhi residence then whether I can still file custody case in Delhi or in Haryana since I have this confusion apart from correct jurisdiction.
Only after FIR is filed should you apply for anticipatory bail from sessions court
2) yiu can file fir divorce in city where marriage took place or where you resides after marriage or where wufe is residing
3) if children are with wife file for custody in city where children are staying
1. If the police is not accepting your MLC then you can produce the same during the trial proceedings as documentary evidences from your side to prove your allegations provided the police registers a FIR on the basis of your complaint.
2. You can obtain AB only after the FIR is registered against you.
3. You can file the divorce case in the place of marriage or the place where you both last resided together or the place where she is currently residing.
4. Since your children are under your care and custody you need not file a child custody case.
5. If the children are in your custody under your care then there is no necessity to file a child custody case.
1. Anticipatory bail
2. Same as above
3. If she has stayed with you at delhi then delhi otherwise haryana
4. Yes custody cases in delhi
5. Yes
My two minor sons and my wife are living at my in- laws house for the last one year since April, 2022 1 I am planning to meet my children at their school(at my in-laws city), will try to meet them outside school gate and try to take them back with me, what precautions should i take and what is the legality in that. 2 I can also try to talk with school principal of my sons and try to explain the matter to them and again will try to talk with my both of the minor sons and make them agree to come with me, please advise positive and negative aspect of this, what precautions should i take and what legal thing can get involved in this. 3 Whether my wife and in laws can make a scene at school if school authority/principal calls them to school, whether my in laws can do physical violence against me, if yes then how i can save myself legally apart from physically saving myself from them. 4 I have called school reception last week and requested them to let me talk with my children and principal but reception lady after talking with principal denied for that, What legally i can do regarding that and whether I can send legal notice to school. 5 Whether i can send legal notice to my wife and in laws for illegally confining my children with them at my in laws city. 6 Whether school authority/principal can call police if I insist school to allow me to talk to my children and whether school can deny my right to meet my children inside the school. 7 School has given admission to my both of the children without taking school living certificate from their last school where they have studied, my children were studying at my place in Delhi last. 8 My elder sons age is 10+ years and younger one is 8 years, what is the possibility to get child custody if i file child custody case and at which place i can file the same at my place in Delhi or at my in-laws city. 9 Whether in most of the cases wife gets the custody of minor children or what is the today's scenario.
You should make application seeking joint custody of your children
2) if you try to meet children outside school your wife and in laws would come to know about it and may try to file false dowry harassment or DV case against you
3) your wife can make a scene in school of principal informs her that you are trying to meet your children
4) best option is to make application for joint custody of children in ciry wherein children are currently residing
5) don’t send any legal notice to school
6) both parents get equal custody of children
1. You obtain a court order to visit your child at the school to which the school authorities or your wife cannot object if you have a court order in this connection.
2. The school principal may not allow considering the safety of the school children and if you still insist then the principal may even call the police and it will become an awkward or embarrassing situation.
3. If they get into physical, you may call the police by dialing 100 to the spot, but you somehow be prepared for the event and you also get into physical action in the name of protecting yourself or go by the procedures of law.
4. The school authorities may not be able to permit you to meet your children if the mother of the children is objecting to it, hence you better obtain a court order to direct the principal to permit you to meet the children.
5. That is not the right procedure, you have to file the child custody case and obtain an interim relief of visitation rights till the disposal of the main petition.
6. Yes, you cannot just like that barge into the school for whatever genuine reason you may cite, if the principal calls police then you will be held liable for various offences including criminal trespass.
7. That is the problem of the school, you cannot quote that as a reason to meet your child.
8. You can file the child custody case in the place where the children are currently residing, you can present strong grounds on your side for seeking child custody.
9. The child custody case will be decided on merits of each side.
You need to follow the above advice which is enough in your circumstances and case issues
Dear client,
1) she has to claim for maintenance only then the court will decide.
2) Not for children. She can claim maintenance
3) you can continue
5) you can show mental torture running behind these
6) she may say in phone calls or visits
7) as she is still a wife, she can enter her in-law's house. The remedy was to seek protection from the police so your parents are not harassed.
8) you can give this reasoning when asked
9) file it separately
10) if you show she earns more than you and is able to survive herself, you don't have to pay maintenance.
Thank you