Background : My wife has been very dominating and aggressive. My wife and I are separated from each other unofficially without having any legal separation in place with 6 yrs old child. Wife one day left on small dispute with Sr citizen parent and left the house in 2023 Nov. In between she kept fighting from her maternal place and didn’t gave me any solution. I proposed an idea to move out from the house to start fresh outside my parental home . My younger brother too got married in between. My wife never supported me and my parents and kept the child too with herself for a long period, but my kid insisted and came to me when I met him. I spoke to her once telling my plan to stay separately as my brother has arrived with his wife and in the interest of everyone , leaving my home is the best possible solution. Over which my wife threatened that she will not leave matrimonial house. Understanding the consequences I realized that I should still move out with her stuff, and I moved out along with her stuff like bed , table machine clothes etc.. jewelry she never kept with us. And I took a rented place near her house . The kid was with me during all this time . I told her about that place, but she never tried to come there and keep fighting. Current state : Recently my kid left me 3 months back to her now and she is misbehaving and doesn’t even tell me where she takes the kid and keeping the kid . I sometime suspect she has made a move and shifting with another house but not letting me know. Whenever I call she misbehaves and also recently asking me to settle with mutual consent where she suggested for kid we need to fight for the custody. Also blaming me for keeping her jewelry stuff etc… My questions : a) What can I do to protect myself ? b) Can I gve back her stuff and send it to her house c) How can I see my kid in a week d) What can I do to ask her to join me in the rented property (knowingly she will refuse and Instead I even don’t want her but want doesn’t want to show it ) consequences of it e) What is she is not showing kid and keeping him at place unknown tome ? what are my rights to know f) What can be the best proposal to her and if I stop paying my kids bills for school?
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You can issue wife legal notice to return to her matrimonial home with the kid
) you can offer to return her jewellery .
3) in alternative if wife does not want to return to matrimonial home ask her for divorce by mutual consent
4) consent terms can provide you will have joint custody of kid
Two three options you have:
1. Settle with her for a mutual consent divorce setting out the terms for the custody of the child with her and you get visiting right of your child on a weekly basis. However, possibility is she might demand for a lump-sum money for mutual, else
2. File an application for restitution of conjugal rights along with an application for child custody, or
3. File a divorce petition on the ground of cruelty along with a child custody application
Now coming to your queries:
a. lodge a complaint with The National Commission for Protection of Child Rights
b. yes
c. refer to options above
d. issue a legal notice for resuming her marital life
e. lodge a complaint with The National Commission for Protection of Child Rights
You can return her stuff with an acknowledgment from her as she may later say that she has not received it. You can visit your child but if she refuses then you can file case for visitation rights of your child in family court
1.You can file a case for child custody seeking full custody of your child and for visitation rights in the meantime as an interim relief.
If she files false criminal cases against you, then you may first obtain anticipatory bail and then challenge the same properly in the trial proceedings.
2. If you know her address, then you can pack them up and send it through parcel service to her address.
3. You can seek visitation rights in the child custody case as an interim relief.
4. You can send her a legal notice instructing her to join you in the new address by stimulating a time to rejoin you, if she do not respond then you can file a RCR case against her.
5. You may have to get an order from court in this regard.
6. She may file maintenance case for her and for the child.
You can send a legal notice first before filing the following:
File for Custody: Approach the Family Court for custody/ visitation rights
Restitution of Conjugal Rights: File under Section 9 of the Hindu Marriage Act, so as to wife to join you, showing your intent to reconcile
Anticipatory Bail: If false criminal cases are registered against you consider anticipatory bail to protect against arrest
Avoid sudden cessation of financial support (child’s school fees)
Send a legal notice informing her of your intent to return her belongings and requesting her to collect them from the rented place or a neutral location.
- 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, 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.
a) If she is not interested to live with you then take her consent for mutual consent divorceb) Yes, you can give back her stuff with poofs , but if she will go to her house then she may file cases against you
on the false grounds.c) File a petition before the family Court for getting visitation right
d) Send a legal notice to joint the matrimonial life with you
- Further, if she refuse to join you without any valid reason then she is not entitled to get any maintenance from you.e) Being the natural guardian , you have legal right to visit and keep the child with you.
f) Settle the matter amicably
- You can contact me, if further suggestion needed.
Thanks for all your answers, In the case of child can we ask for joint custody and what can be proposed on the table in order to gain more child presence with father and best interest of the child. He will turn 6 yrs this 17th July. What if she doesn't allow to settle the terms laid by me for the child we don't have any jewellery, she never kept it with but still claiming. how to protect and reciprocate them correctly for maintenance stand point, i m not very well off .but paying the bills of my child who going to a school on monthly fees of 15k after which i dont have the room to provide a great offering any how? what can be best proposed. Im sure she may demand some money for herself .. what i can propose
Dear Client, kindly note the following points and the asnwers
a) How to safeguard yourself?
Document all communication (messages, calls). Do not confront. Immediately seek advice from a family lawyer. If harassment and threat persist, file a police complaint and obtain protection orders. Seek custody and visitation rights in the family court in order to secure your parental rights.
b) May you return her stuff?
Yes, return her belongings but do so through a recorded process (courier with receipt or witnessed delivery) to preclude future issues. Don't return things of value such as jewelry without formal notice.
c) How to see your child weekly?
Indian courts consider the welfare of the child and, in general, allow visitation by the non-custodial parent. Attempt to arrive at a friendly settlement. If not feasible, seek a petition in family court for visitation rights. Courts can allow visitation during weekends, holidays, or as best suited to the child's interest.
d) How to invite her to accompany you in rented property?
You can ask her to stay apart for peace and child's well-being, but legally you cannot compel her. If she does not comply, do co-parenting and be civil in communication. Compelling her might aggravate the situation and affect custody negotiations.
e) If she keeps the child at unknown place?
You have a legal right to know your child’s whereabouts. If she withholds the child unlawfully, file a custody or habeas corpus petition in family court. The court can order the child’s production and regulate custody and visitation.
f) Best proposal and stopping school fees?
Suggest a reasonable custody and access plan prioritizing the child's best interests and equal financial contribution. Never withhold school fees or child support; failure to do so may be used as grounds against you during a court case and impact custody rights.
You can counter the same on merits on her income,qualifications etc
You can seek joint custody of your child
in fact in Bombay circular has been issued by principal judge family court for joint custody of child
3) deny that you have any jewellery
4) you should take the plea that you want to stay with her .if she wants divorce by Mutual consent ask her to give up her claim for alimony
1. You first of all file a child custody case, if she is objecting to your petition then you can ask for joint custody as per the schedule that you may submit for the joint custody program. Whatever you can ask for visitation rights as an interim relief in the child custody case.
2. She can always object to whatever terms you may say, but you may have to insist on your point and be flexible if an amicable solution is likely to be arrived.
3. If you do not have her jewels then you can deny her claim and let she go legally which can be challenged as per law.
4. As far as maintenance is concerned, if you prove that she has voluntarily abandoned the matrimonial home, then you can insist to deny the maintenance to her, and as you are already paying the school fees to the child, you can mention that in your reply to her claim.
File for custody/visitation: Apply under Guardians and Wards Act to get regular access to your child.
Return her belongings: Send items with proper documentation (inventory + witnesses or courier with receipt).
Don’t stop paying for child: Courts prioritize the child’s welfare. Keep paying what you can and document it.
False jewelry claims: Reply legally that no jewelry was kept with you. Offer return of any belongings if applicable.
If she hides the child: You can ask the court to order her to disclose the child's location and grant you access.
Joint custody: Propose shared parenting legally. If she refuses, let court decide based on child’s best interest.
Low income? Show proof to court and ask for a fair arrangement. You’re not obliged to pay her if she can earn.
Dear Sir,
First of all you are suggested to be mentally bold and have courage to face this lady and bring your life to growing and glowing state once more. It is suggested that you note down/pen down, all the acts and incidents done by her. After noting it down, consult some advocate of your choice to discuss in detail all the issues in present and decide the best course of action to make your life peaceful. it is quite possible that some of the issues/problem penned down by you might be having vital points to decide as what to do i.e. which case to file, what should be the contents of the same, and where to be filed, etc. In cursary view, it seems that you should file first case of restitution of conjugal rights under section 9 of Hindu Marriage Act for direction to her to join with you at your place along with the child. During pendency of the case, you must file the application for child visitation, compelling her to bring the child to court and letting her meet you. If she denies to join you or you are able to get the case in your favour, then you may file and definitely win the case of the divorce easily.
- Yes, you have right to seek joint custody and the same cannot be denied
- Further, under the Guardian and Ward Act, , the welfare of the child as the paramount importance, like ethical upbringing of the child, Safe-keeping of the child, Good education , and economic well-being of the guardian.
- Hence, you can show the Court that the custody in your favor will be more beneficial for the child.