• Mental cruelty

Hi Sir,

I am Rupesh Kumar resident of Chennai got married on 08.08.2008 with Manisha Engle of Hyderabad and was living peacefully with two kids (Yashica sah (6yrs) and Yuvraaj Kumar Sah (1yrs) for past seven years. During these seven of my matrimonial life I had misunderstanding with wife and we use to sort out our issues amicably. But my wife Mother and Brother had created lot of problems in my life by interfering in my family matters and have created in differences between my wife and me.

My Mother-in-law and Brother-in-law who is not working are completely dependent on my wife earnings. They have entered my house in the name of taking care of kids and have created lot of issue towards my matrimonial life. I had lost my privacy with my wife and their interference was increasing day by day in my life. I had informed my wife to leave her job and take care of the kids and informed her not to entertain her Mother and Brother in my house and family matters. As I need Privacy towards life with my family.

Since my Brother-in-law is an alcoholic and drug addict due to which I am scared of my kids being the bad environment.   I had repeatedly informed my wife to tell them to go there house but wife does not responded to my heeds. Also she does not want to leave her Job and wanted her Mother and Brother to take care of the Kid’s and I had to live my life in their mercy.

Sir, on 18th June 2015 midnight I had informed my wife that I cannot sleep without my kids nor with my wife and told her to sleep beside me for which she had Quarrel with me which later entered into heated argument. Rather stopping the misunderstanding her Mother and Brother had entered my bedroom around 1:00pm midnight and started heated argument and abusing me which later turned towards manhandling. I was later targeted by her mother, my wife and his brother who was druken on that night. .

Later, her Mother and Brother went to Police Station and lodge a police complaint against me but next day morning they did not file FIR against me. Since my wife had informed the Police inspector that they will have compromise talk with my parents at my residence.

On Arrival of my parents from Chennai all of us had compromise talk on 19th June 2015 but my wife told that she wanted to go for Judicial Separation with Kids for the incident which occurred on 18th June 2015 night.

I did not stop her from Judicial Separation and informed her to live in same house even though she informed of applying for Judicial Separation. But later when I had to come to Chennai on 27th June to attend an Job interview. On the very next day my Wife had sent me SMS that she is moving to another house with Kid’s and with all her belongings.

Sir, Now I facing the biggest threat towards my KIDS rights as my wife is not even attending my calls and not allowing to me talk to my kids as she’s trying to extort money by using the Kid’s sentiments with whom I am attached a lot. It been almost six month now I had not seen my KIDS not spoke to them.

Sir, I have filed Restitution of Conjugal Rights and Interim Child custody case in Rangareddy Family court. So that my wife and kids come and stay with me in Chennai. During first hearing on 19th November 2015 she did not come to court and refused to accept the court summon but she still reside in the same address. Because I had hired local detective and identified her address before filling the RCR. Do I need withdraw and file section 13(1) cruelty divorce case. Do I need pay her alimony and maintenance. Since she is earning nearly 50K and I am earning 42K per month.

I had even involved all her family elder for mutual talks on 28 July 2015 and 31 August 2015 at her elder cousin brother house but she is not ready for mutual talks. I had waited for six month now and had gone to her house along with her eldest cousin brother on 15th January 2016 to have mutual talks. But the moment his brother informed he coming along with me to her house for mutual talks. She moved out of the house along with KIDS and did not allow me to meet the KIDS. All this has created a lot of stress mentally and physically. I had even tried last option by informing our common fried to talk to her to know what she needs but she is not even responding to them either. I had also filed a complain in State Human Right commission for the misuse of right. But SHRC has responded me to approach court.

She right now placing unlawful and unjust psychological pressure on me by not allowing me talk to KIDS and meet them.

So Kindly suggest me the fastest way through which I can meet my KIDS and get Visitation access. Also Suggest me for equal sharing of child custody is possible.

Also suggest me what case can be filed against my wife for her cruel and unlawful act.

My Wife had sent Separation MOU notice through email dated 9th July 2015 and section 13B notice through email on 21 july 2015 but these notice are not filed in any court. They had just sent this to threaten me so that they can keep me away from my KIDS. Can I file police complaint for Parental Kidnapping case against her If so then how to proceed in filing a case. Or can I get my KID along with me to chennai does any Kidnapping case will be filled against me. Kindly give you valuable suggestion and best solution.

Kumar
Asked 10 months ago in Family Law from Chennai, Tamil Nadu
Religion: Hindu
1) you should with draw RCR . it is useless 

2) file for divorce on grounds of mental cruelty and seek joint custody of the children . 

3) in any case court would grant you visitation rights . 

4) best option is for divorce by mutual consent . 

5) dont take your kids to chennai without following due process of law . wait for court orders 
Ajay Sethi
Advocate, Mumbai
23353 Answers
1222 Consultations
5.0 on 5.0
1. Try to talk to her and find amicable solution.
2. if she wants go for mutual divorce.
3.If not then file divorce suit or RCR depending on your priority.
4. For getting back the child file custody suit. Parental kidnapping case be filed but now it is too late .
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. You are free to withdraw RCR to file for divorce. The court would allow you to switch over to divorce.

2. Unless she accepts the court summons or they are otherwise served in accordance with the law the case will not proceed further. If there is inordinate delay in the disposal of the case then you can move the High Court to expedite the disposal of the case.

3. She does not qualify to get financial support from you due to the fact that she is earning more than you, but you are liable to support your child.

4. No criminal complaint for kidnapping is made out. The only remedy is to file a case for child custody in the court, which you have already availed. Without court order you cannot disrupt the asserted custody by your wife.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Hi, Both of you want to then go for mutual consent divorce or else you can go for  filing a petition for divorce on the ground of cruelty.

2. I don't think restitution of conjugal right will help you it is waste of time, energy and money.

3. For custody and visitation of rights to child you can file application in the Restitution of conjugal rights it self or  file a separate petition under Guardian and wards act.

4.  Normally the court will give visitation rights, for custody it will depending upon facts and circumstances of the case, there is no hard and fast rule.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
 Do I need withdraw and file section 13(1) cruelty divorce case. Do I need pay her alimony and maintenance. Since she is earning nearly 50K and I am earning 42K per month.
If you think that this RCR case is not going to find any solution to your problem, you may decide to withdraw and file a contested divorce petition as proposed by you.  For maintenance you may contest and challenge her claim on the basis of her employment and drawing of heavy salary.



So Kindly suggest me the fastest way through which I can meet my KIDS and get Visitation access. Also Suggest me for equal sharing of child custody is possible.
You may have to file a child custody case along with an application for visitation rights as an interim measure.


Also suggest me what case can be filed against my wife for her cruel and unlawful act.
 You may have to file a divorce case on the grounds of cruelty and desertion.


Can I file police complaint for Parental Kidnapping case against her If so then how to proceed in filing a case. Or can I get my KID along with me to Chennai does any Kidnapping case will be filled against me. Kindly give you valuable suggestion and best solution.
There is no case in parental kidnapping however child shall remain in the custody of its mother until it becomes 5 year old.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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