• My wife went to her home town with my kid

My wife usually go to her home town every month and we had an argument 2 weeks back.  Last week, when I came from office, I saw she has left to her home town with my kid on that day without informing me but I have seen her packing her usual bags which she usually takes to her home town on the previous day.  I was also aware that she packed most of her clothes in plastic backs previous week and she used to take 2 bags everyday to office for past 1 week before leaving to home town. Normally she will be back from  her home town after 3 or 4 days but after the 5th day she hasn't come back and when i ask her when she is coming back, she is not replying anything. She always wanted to shift to home town because of her single parent is alone and this is the 6th time she is planning to move to her home town by taking my kid from me and last 5 times she was forced to stay back with me because none of her relative support her idea.  What should I do now when she has left without my knowledge and taken away my kid?
Asked 7 months ago in Family Law from Bangalore, Karnataka
Religion: Christian
Dear Querist
there is two option, one is socially and second is legally.

Socially, you may approach her and her parent and try to settled the matter amicably and save this marriage and welfare of child.

secondly, the legal option, if you want to take legal action, then first of all issue a legal notice to her to bring back and if she is not return to you within notice period then you may file a RCR petition before the Family Court/District Court or file a divorce case.

but try first option first and second after that.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1) go and visit her in her home town on the weekend 

2) convince her to return to her matrimonial home with your child 

3) convince her to visit a marriage counselor  to save your marriage  

4) involve elders in your family to convince her to return to her matrimonial home 
Ajay Sethi
Advocate, Mumbai
23383 Answers
1229 Consultations
5.0 on 5.0
Hi
 try to speak to her and convince to come back.
if you eel you cant afford her to be away with her parent by leaving you , tell her that.
if your wife refuses to come back you have a legal option to approach a court and file for a order  of RCR(restitution of conjugal rights)
If things dont work between you both despite your attempts, seek divorce either mutually with her consent or else file petition for  divorce  .
most likely if you try to involve her family and elders , she would come back and things will be sorted out. so initiate a discussion involve your and her relatives .
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
You cannot force her to return home if she is not willing to come back.  How ever you can rope in some elders of both sides to reconcile the differences between you both and try to sort out the problem.
If she is still adamant in her decision, you may issue a legal notice to her to return to the matrimonial fold or to face consequences. 
Do not initiate any legal action so soon or in a haste which will become a major reason for breaking the ties and relationship between you both.
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0
then what do you want from us? Dear
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1) your wife will act as per her mother wishes

2) if her mother does not want  your wife to return to her matrimonial home it is doubtful that your wife will reconcile with you 

3) you can make application to the court wherein your child is residing and seek joint custody of the child 
Ajay Sethi
Advocate, Mumbai
23383 Answers
1229 Consultations
5.0 on 5.0
1) welfare of child is paramount consideration 

2) court would be hesitant to award you sole custody of child 

3) wishes of child would also be taken into account 
Ajay Sethi
Advocate, Mumbai
23383 Answers
1229 Consultations
5.0 on 5.0
you may file a child custody case before family court under Guardian and wards Act-1890

the court may grant an order in your favour for visitation right to visit your child and decide the case on merit after given an opportunity to opposite party.

Feel Free to call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
In last 2 attempts, I had tried to rope in her relatives and they forced her to return to matrimonial home and didn’t support her and her mother’s view because her mother also wants her to stay with her.  I don’t want to drag her to divorce because I know after sometime when she has no one else, she will come back to me.  She never allow my kids to my parents place so i know same will happen to me if she take away my kid and it will create distance between father daughter relationship and I will miss my kid till those years until she come back when her mother come back.

In the given situation you have to handle patience and watch the developments silently. 
Any action taken or intended to be taken by you even with good intention may provoke her and she may not conceive it in a right perception, instead shall be jumping earth to sky with more annoyance and hatredness, this may turn the entire situation adverse to you. 
So wait until she decides the next course of action and in my opinion, she may return with some conditions, which you can decide accordingly. 
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0
Is there an option to take custody of the child because I was the one who spend for all my kids expenses from hospital delivery charges  to schooling fee and never taken any single paise in our last 10 yrs from my wife even thou she is working and for my kids expenses.

For the expenses of your child, no doubt your wife might not have contributed, but it becomes your duty to bring up your child and meet the expenses, you cannot ask her the share in it. 
However if you want to have the custody of the child you have no other option than to file child custody case, which will be cause of action for any future debacle, so better handle the situation patiently and wisely. 
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0
1. You should amicably settle the dispute and discord you have with your wife,

2. This is a domestic tussle only and the facts stated by you do not constitute any ground for taking any legal action against your wife,

3. Please keep min mind that divorce is the 2nd most stressful event in one's life which should be avoided at all costs,

4. Bring her back to your house and explain her your agony for her leaving your house with out any information.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. Your situation is quite understandable,

2. Your wife should see reason in the interest of her daughter,

3. You shall have to bear with her such childish acts in the interest of your daughter.

Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. Mother is considered as the natural guardian for her child up to his/her 5 years of age,

2. Moreover, daughter is generally given custody to her mother for natural reason,

3. However, you can get the custody of your daughter if you can prove that it will be for her welfare.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
You are free to file a petition for restitution of conjugal rights against your wife wherein the court may pass a decree in your favour. If you want child custody alone then a petition for child custody in the competent court is the answer. The only consideration on which the case is to be decided is the welfare of child. If you can prove that you are better placed than your wife to secure the welfare of your child then you qualify to get custody. The least you can get is visitation rights.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
your wife has no reasonable excuse to live separate from you.  you should file RCR under section 9 of the hindu marriage act. 

you can take custody of your child on the ground of proper case and schooling of your child. file a suit under guardian and wards act before the district court in whose jurisdiction your child is living. 
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0

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