My wife is not allowing my kids to go with me to my hometown. Even though kids want to go to meet their grandparents, she says she will go and file police complaint if I (kids' father) take them without her agreement. Is this legal? She continues to live with me and is dependent on me despite having a major fallout with my parents 1.5 yr back. Twice I had to cancel flight tickets incurring huge loss because she became hell bent on doing some drama in society if I were to take kids with me. I feel harassed and hardly communicate with her for last one year. My parents are not allowed to visit my flat because of her and I need to keep them in hotel at high costs every time they want to see my kids. I let this situation remain for last one year thinking some better sense will prevail and she will understand in some time. But one year passed and nothing seems to change. I even tried involving her parents to convince that this cannot go on. But they say just leave it like that for 2 years and things will be fine. Though I am fine on not letting my parents visit my flat, kids not visiting my hometown and my relatives is not fine at all with me. I am losing patience. What are my options? For the sake of kids, I did not want to go for separation.
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1. As father of your kids, legally you are entitled to take your kids to your hometown and visiting your relatives.
2. Get your wife counselled by a counselor so that she agrees for the proposal of kids going with you to your hometown and visiting your relatives.
3. If she's adamant, bring this matter to the attention of the Family Court.
- 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.
- Further, being the natural father you have right over the kids , and no complaint may be entertained by the police if you will take the kids from her
- Further, if she refused , then you can file a petition before the family court for getting the custody of the kids.
- Further, such acts are amounts to cruelty and a contested divorce can be filed if she is not interested to live with you.
File for divorce on grounds of mental cruelty and seek joint custody of children
2) we life refusing to permit husband to tahdd ed children to meet grand parents amounts to mental cruelty
How to approach family court for this? Is there any provision to get custody if we are still in marriage? My wife does not even want to go for counselling. I suspect her family (her mother) influences her or does not try to correct her while thinking I am scared of police etc. Just to elaborate more on details, Last time when I had a ticket already booked to go to hometown with my kids and she was not agreeing, I had gone with her to the police station to tell them our problem. My hope was that their counsel wing will counsel her. Instead, she suddenly played a victim card by immediately crying while telling her problem and then when I explained my issues, she got worked up and said she wanted to file a police complaint of mental torture against me and my family. So, both of us wrote a complaint against each other which ultimately police did not entertain (in fact, the police inspector gave me back both complaints telling pls go to court for such issues and asking why your wife is acting like this when she is dependent on you). That suddenly made her feel she can do anything and there was plenty of abuse hurled again on me and my family. She tried threatening telling lies like she made personal contact with police lady officer and they are supporting her etc. Due to all this, my parents renewed requesting her parents to talk to her and even I literally pleaded to them to help my situation. While they said they tried, but they kept implying that I am at fault etc. After that, I took her and kids to multiple nearby tourist places to help her mood. But her stand on kids remained which caused me to give up. Our relation was never very good since she had always never liked my mother in our 12 years of marriage. But 1.5 yr back, she raised her hand on my mother which caused me to retaliate and ultimately resulted in this situation. All this happened when my parents visited for my father's surgery due to which they had to stay for little more than a month.
You cannot take any legal action against your wife for not allowing the kids to visit your parents.
At the same time she cannot give any complaint with the police if you take the children to your parents house.
If the situation is not conducive, you can either choose to live away separately from her with your kids or without your kids.
The second option is that you can choose to get legally separated if the situation at home is beyond tolerance.
Since your wife is dependent on you, you may put pressure on her by staying away from her and stop giving her monthly maintenance, let she go to the court, file the maintenance case, then you can file a child custody case and other cases as suggested in order to bring her to your conditions.
Being living together, you can file a child custody case since the children are living with you both in the same house, hence it is not maintainable.
If you decide to get legally separated or residing away from her then you can file a child custody case and for this you don't require to file a divorce case.
If the situation is no more conducive and beyond tolerance you can take a considered decision whether to continue this marriage or get separated.
Even now your mother can file a domestic violence case against her and seek protection.
In addition you can file a child custody case but get separated from her.
When you are staying together where is question of custody of children
file for divorce and seek joint custody
- If she is living in her parental home, and not allowing to see the child , then you can file a petition before the court for getting visitation right and also custody
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Dear client,
Sorry to hear about your situation. Firstly, you can send her a legal notice mentioning the allegations. If she denies or does not responds to the notice then you can file a suit against her in the court. The court will grant visitation rights to the grandparents. Futher, if she is threatening you that she will go to police so she can if she feels that there is threat to her children from their grandparents. Sorry to inform you that but while you are in marriage the court cannot grant you custody of the children. You can also file a case against stating that she hit your mother.
Hope this helps you sir.
You can take court orders for visitation of children
