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Kumar Sachin (Social Service)     21 June 2018

Wife file complaint in police and took both kids

Hello Sir, I am from Delhi and married since 13 years. I had fight with my wife last month and my wife filed police complaint against me and took both my kids to her parents. I tried best to meet her and to resolve the matter as my kids are at growing age and all this will negative impact them but she refused to talk and het father only was single point of contact and just not same to any conclusion. last week wife came to home with police constable, lady police, advocate and took all her and kids belonging, i tried to talk to her and she said that she can stay with me but i need to take seperate house. I denied the same as I am not in that financial condition for which she said that she can take house herself, take care of kid finances and give m luxury life etc etc. aand left by saying that she will talk to her father and let me know. Her father is rich and always atlk about their money and tell in past. Please suggest what shall i do now? shall I wait for her response and she has not responded since last 1 week or shall I go to her to talk (in past 1 month i tried 4 times which failed) and they are also not allowing me to talk/meet to my kids. Thanks



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 23 Replies

Kumar Sachin (Social Service)     21 June 2018

also like to inform that when file filed complaint, Her family and me & my father was at police station as my my mother called 100 no. My mother not able to went police station as she is half body paralytic. My wife wife and her sister created scene at police station and shouting on ASI to file complaint and put me & my father in lock-up immediately orelse she will make video and tweet to PMO office, DCP, Swati maliwal etc, she started making video due to which ASI detained me & my 73 years old father for whole night and released next day. 

Vijay Raj Mahajan (Advocate)     21 June 2018

Troublesome wife, wont be able to continue with her. The children are there but in such situation nothing can be done, if your wife seeking divorce from you, let her have it, you ask for visitation of both children at regular period of time as she will never agree to give you their custody. At the age of 18 years both children may join you that hope you can keep as at that time neither she nor her rich father will be able to do anything.

This the best and most resonable solution I'm telling you, rest you will get hundreds of lawyers showing you dreams of getting you heavens out of this matrimonial dispute but reality is what I told you. Avoid all criminal cases for the safety of aged parents and yourself.

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Kumar Sachin (Social Service)     21 June 2018

thank you Vijay Sir for your valuebale feedback. I am sure my wife will not give me divorce and she is using kids as weopen as i am very attached to them. She also asked me to give aadhar ID of kids when came with police to collect her belonging and said that she wanted to make immediate passport for herself & kids (in such tense sitution, her priority is to make passport). I not found ID's immeditely but am I bound to give aadhar of my kids to my wife? As I mentioned lastly she only told me that she is capable to take new house herself, take care of kids and house finances, and luxury life etc to me, wherein she not earn that much but her father keep support her financially. I am confused as she is not responding at all not her father despite I have tried to resolve the matter amicably almost 7-8 times in last 1 month. Shall I keep waiting only for her next move as they have not shown any intentions to resolve the matter in last 1 month and at this high level politics played by my wife & her family, my beautiful kids aged 11 & 7 are suffering as they have cutted the connection between me & kids. 

Vijay Raj Mahajan (Advocate)     21 June 2018

You are natural Guardian of both your children and you need not share their Aadhar with anyone. If your wife not coming forward for any settlement, wait for sometime and just file for custody of your children who were removed from you under the Guardian and Wards Act read with Hindu Guardianship and Wards Act. She will definitely come for some compromise only after this move. But avoid criminal cases that may be filled against you and your parents, but that may not be registered immediately by Police as per latest Supreme Court ruling in this regard.
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Kumar Sachin (Social Service)     21 June 2018

thank you Sir for the information and guidance. I will also go through the details of Guardian and Ward Act and thinking to wait only as there is no other option left for me. 

Kumar Doab (FIN)     21 June 2018

The spouse that has come to matrimonial home with police and advocate and pulled other spouse and in laws to PS and created scene so as to keep other spouse and in laws in Hawalaat can do anything…

To your moves your spouse can take countermoves and you will be there to see and face..

The spouse is asking you to leave your parents and come out to stay with her and live with your children and spouse and not bother for expenses…You have also categorically confirmed that your spouse won’t agree for divorce.

If your children are in your favor then they can state before authority/court that they want to stay with you… If they do so IT shall be a big defeat of OP..

The pertinent point is would they do so!

All instances posted by you do point to cruelty and if you have kept meticulous record of irrefutable evidences these can help to end the wedlock ………….by court of law, if you want IT.

The hazard of retaliation by OP and counsels of OP cannot be ruled out….

Kumar Doab (FIN)     21 June 2018

If your children are in your favor then IT may work wonders even without litigation..

You need to draw your own strategy to deal with your situation…

Probably you do not want to stay with your spouse in separate house as demanded.

The best is to approach senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and well versed with latest citations, LOCAL applicable rules/laws/bye laws-Act in the state  … and having successful track record…. and worth his/her salt…..and show the case related docs/inputs etc etc for a considered opinion and proceed under learned advise of your counsel…..so that you succeed in case for custody of children and also defeat the criminal cases if any is filed…

Kumar Sachin (Social Service)     22 June 2018

Thank You Sir. I guess that my kids are presently not in my favour as they are in her mother custody since last 1 month and she must have brain washed them or threat or may told some untruth. My kids not call me to talk but sometimes send me whtsapp message that they love me and all, whenver i try to call them, bell keep ring but no-one pick. Altrough they are very attached to me but when i last visited them, they was watching me from other room and not had courage to come and meet me. I must say that they are not at fault (age 11 & 7) but due to their mother & her family terror, they are bound. I dont want to stay with my wife seperate as she is least bother what i say. Even if i live with her also, i know my situation will be worse than street dog but still I am ready to sacrifice due to my kids. I am scared also the way she and her sister created scene at police station and she was almost about to hold the ASI collar and her parents kept looking the entire drama of her daugther and supported her. In this due fight, my kids future is getting spoiled. May be she will put some other wrong case on me when i will stay with her seperately and not follow her intructions. Also like to mention that my wife father and mother also stayed seperated for 13 years after my marrige and came togther when my FIL faced kidney problem in 2017 end. Sometimes I assume that they may have put same family values in her daugther also and very muh okay to keep her daugther at their place only, as relation is least bother for them and luxury life/money is their always a top priority. 

Kumar Sachin (Social Service)     22 June 2018

Yes. It was love marriage. Infact i am really not able to understand what she want. As of now both parties are sitting silently dispite i went there 4 times and spoken on phone 4-5 time to settle the matter but no result. I scare what further political move she will make as i am not able to think at such high level. May be she want me to see suffering without kids and beg her.

Nitish Banka (lawyer)     22 June 2018

Posted by: Nitish Banka  Categories: Uncategorized 
 

https://youtu.be/ICe0JYNbKv8

https://youtu.be/QYzyUeSNBCI

https://youtu.be/kdQ1GsKBmtQ

Divorce Laws in India -2017 Some changes

Divorce Laws in India -2017 Some changes Waiver of 6 months cooling period

held that the minimum cooling period of six months for granting the decree of divorce under the Hindu law can be waived by a trial court if there was no possibility of cohabitation between an estranged couple and there is a dispute between the husband and wife pending litigation.

The 1955 Hindu Marriage Act provides for a statutory cooling period of six months between the first and the last motion for seeking divorce by mutual consent to explore the possibility of settlement and cohabitation.

“We are of the view that the period mentioned in Section 13B (2) is not mandatory but directory; it will be open to the court to exercise its discretion in the facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation,” a Bench comprising Justices A.K. Goel and U.U. Lalit said.

Image result for divorce

The apex court said the minimum period of six months can be relaxed by the trial court in certain situations and the estranged couple, who are seeking divorce with mutual consent, can file waiver application after a week of filing the first motion.

The top court also said that in conducting such proceedings, the trial court “can also use the medium of video conferencing and permit genuine representation of the parties through close relations, such as parents or siblings, where the parties are unable to appear in person for any just and valid reason as may satisfy the court, to advance the interest of justice.”

The court noted in its verdict that the object of the cooling off period was to safeguard against a “hurried decision” if there was otherwise a possibility of differences being reconciled.

“Though every effort has to be made to save a marriage, if there are no chances of reunion and there are chances of fresh rehabilitation, the court should not be powerless in enabling the parties to have a better option,” it said.

“In determining the question whether the provision is mandatory or directory, language alone is not always decisive. The court has to have the regard to the context, the subject matter and the object of the provision,” it said.

The Bench was dealing with a plea filed by an estranged couple which had sought waiver of the six month period on the ground that they have been living separately for the past eight years and there was no possibility of their re-union.

Here is the link of judgement Supreme court judgement on cooling off

 

 

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BRIJ MOHAN   25 June 2018

accept the advice of Mr Mahajan  Be clam She can not keep the childern away from you forever Indian Law is very much in favour of women Secondly as you mention that financially you are not well  not go  fojr legal battle  any more help my mobile number is 8146080979

Kumar Sachin (Social Service)     27 June 2018

Sir, new update in this case is today I received rohini court letter and asked to come on 30.06.18. My wife put case for DV, 323, 506 though her advocate and asked to pay intrim maintainance of 45000/- per month. Coincedence, wife call me same day(today) and gave some job consultant no. as i am looking for job and resigned at old office due to reallocation. When i told wife that i just received court notice, shw said everything will be fine and she is ready to stay with me if i take seperate house. Please suggest how to proceed in courr as i want to settle the case. What all to say in court. Thanks

Kumar Sachin (Social Service)     27 June 2018

Sir, new update in this case is today I received rohini court letter and asked to come on 30.06.18. My wife put case for DV, 323, 506 though her advocate and asked to pay intrim maintainance of 45000/- per month. Coincedence, wife call me same day(today) and gave some job consultant no. as i am looking for job and resigned at old office due to reallocation. When i told wife that i just received court notice, shw said everything will be fine and she is ready to stay with me if i take seperate house. Please suggest how to proceed in courr as i want to settle the case. What all to say in court. Thanks

Vijay Raj Mahajan (Advocate)     27 June 2018

Going in the court without the competent advocate will be harming your interest. Otherwise in court if you only appear on 30th June, just mark your presence, ask for complete set of the main complaint and interim application filled against you under the DV Act and take date for engaging advocate for your defense. You must be in the court room by 10 AM as now judges are in time and your case must be fixed for appearance purpose only. You may tell the judge, Metropolitan Magistrate, that you are deprived to meet your child and you are always ready to keep your wife and child, she only deserted you and asking irrelevant demands which not possible to fulfil like this, rather she has and is committing domestic violence against you and your aged parents including your mother who too is a woman.

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