Wife has left with only child

Querist : Anonymous (Querist) 23 August 2010 This query is : Resolved
I am married for 3 yrs and have a baby daughter aged 2 yrs. My wife has left me with the child and went to paternal home for last four months. Before leaving she has informed our local police station and Gram-panchayet about our (me & my mother)DV towards her. She has also informed orally and did not lodge an official complaint. She has also told them that If I go to her and promise in written about my good-behavior in future, she will come back. Till today, she has not acted legally. Now I don't want her back and want to marry again. But I want my child back. What should I do? If I suit a divorce file, what possible actions she can take against me? I am a state-govt employee. Please suggest.

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Devajyoti Barman (Expert) 23 August 2010
You can file suit for divorce against her and also for custody of the child. There is no guarantee but she could file case u/s 498A , 406 IPC etc. She could also file case for maintenance u/s 125 of crpc and under DV Act including other reliefs.

Seeing the avenues open to the wife after separation you should make approach for mutual settlement. Filing of RCR may provide initial relief to certain extent.

mahendrakumar (Expert) 24 August 2010
dear anonymous,

dont you find any hope of reunion?from what you stated about your wife,she also expect the same. But you wanted her to surrender before you unilatterally?

do an introspection regarding your contribution towards the present state of things.

a new marriage may not work as you think.

well,mine is not a legal advice

s.subramanian (Expert) 24 August 2010
I agree with Mr.Barman.

Daksh (Expert) 24 August 2010
I will go with Mr.Mahendra Kumar before resorting to the extreme you should try to concile your diffrences (by seeking professional help of the counsellors) for the sake of child at least as time is a good healer.

best regards

Daksh

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