• What is wife leaves kids, husband and leaves India without inform

We were living separately from last 11.5months she lives with her parents but one day she leaves India without any information to us. The kids and me are shocked to know this. Can you please guide me with the right suggestion how do I proceed legally
Asked 10 months ago in Family Law from Hyderabad, Telangana
Religion: Hindu
She is an  adult who can go wherever she wants without informing you or her kids. You cannot bring her back to her matrimonial home against her will. You are free to file for divorce on the ground of cruelty as your wife abandones her matrimonial home.
Ashish Davessar
Advocate, Jaipur
18059 Answers
445 Consultations
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1) you can  issue legal notice to wife to return to her matrimonial home 


2) if she does not reply to legal notice  file petition for restitution of conjugal rights 

3) please note that even if you get decree you cannot force your wife to stay with you 
Ajay Sethi
Advocate, Mumbai
23121 Answers
1214 Consultations
5.0 on 5.0
1) ask your 16 year  kid to call his  maternal grand parents and obtain her address

2) if your wife does not want to return to her matrimonial home file for divorce by mutual consent 

3)no case of cheating is  made out . 
Ajay Sethi
Advocate, Mumbai
23121 Answers
1214 Consultations
5.0 on 5.0
1. You can file suit for divorce agaisnt her in India.
2. if she has taken child out without your permission you can file writ petition of habeas corpus in high court.
Devajyoti Barman
Advocate, Kolkata
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54 Consultations
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Then husband can unilaterally file for divorce on the ground of cruelty. 
Ashish Davessar
Advocate, Jaipur
18059 Answers
445 Consultations
5.0 on 5.0
Hi 
First you need to be strong and a source of strength to your kids. 
As a first step, you should file a restitution of conjugal rights petition and ask your wife to join you and kids.
if you want divorce directly, then you have a case of deserting which will give you immediate relief. please also note that once a person has deserted the family (husband and kids) the person does not get a chance to contest the divorce or claim maintenance or alimony. 
Rajgopalan Sripathi
Advocate, Hyderabad
869 Answers
43 Consultations
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Think about the real cause for desertion and settle the matter amicably. Be patient and try to collect her new address and contact 

Legally you can file petition for restitution of conjugal rights is the only remedy.If you need a divorce you can file it any time under the ground cruelty.
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
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1) fine for divorce in India on grounds of mental cruelty 

2) refusal to stay with husband amounts to mental cruelty 
Ajay Sethi
Advocate, Mumbai
23121 Answers
1214 Consultations
5.0 on 5.0
We were living separately from last 11.5months she lives with her parents but one day she leaves India without any information to us. The kids and me are shocked to know this. Can you please guide me with the right suggestion how do I proceed legally
This is a case of desertion  and that too willful and voluntary.  
You have two options, one is to file a case for restitution of conjugal rights and another is to file divorce case on the grounds of mental cruelty clubbed with desertion.
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
Even her parents did not bother to inform us or my parents that she leaving the country and what all actions can we take to get her back as my kinda are just 16 & 8 years we have expected her to return back after some time. 

You cannot force her to return, at the maximum you can file a petition for restitution of conjugal rights seeking court's intervention to direct her to resume the broken conjugal relationship, but even court though may pass an order cannot force her to live with you against her wishes.


Now that they broke our trust, what all actions can we take on both her and her parents as they have cheated us and basically leaving a trauma to me and kids like this. 
Legally you cannot take any action against her parents, especially cheating etc.,  She is not a kid that she was influenced by someone to leave her family and stay separately.  Nobody can legally interfere in her rights to stay away from everyone. If you cannot digest her behavior you can file a divorce case against her and leave her outside without any rights or benefits out of her marriage to her. 
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
She is not ready to give divorce by mutual consent and as of now she is in US from last three months.
If she is not ready for mutual consent divorce, you can file a contested divorce case on the grounds of mental cruelty due to her negligent and irresponsible attitude towards married life etc. 
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0

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