Wife deserted and wants to come back to take away kids
oldman
(Querist) 14 June 2018
This query is : Resolved
Dear legal advisors,
Today, my wife deserted me and my two small kids due to difference of opinion. I am looking after my kids. She says she will file for divorce and come to take the kids after she has started a fresh life.
I don't want to give away the kids to her.
What are the steps I need to take to safeguard me and my kids.
Thanks.
Ms.Usha Kapoor
(Expert) 15 June 2018
UPTO THE COMPLETION OF AGE OF 5 YARS CHILDREN SHOULD BE IN MOTHER'S CUSTODY. After 5 years father can file a custody petition in court and the court after taking into various factors into consideration and whether it is in child's paramount consideration grant custody to father. as he is a natural guardian of children
Guest
(Expert) 15 June 2018
Give her the kids and get freed from all troubles from her by voluntarily accepting for mutual consent divorce for the sake of comforts of your life.
Guest
(Expert) 15 June 2018
Give her the kids and get freed from all troubles from her by voluntarily accepting for mutual consent divorce for the sake of comforts of your life.
Guest
(Expert) 15 June 2018
Give her the kids and get freed from all troubles from her by voluntarily accepting for mutual consent divorce for the sake of comforts of your life.
Guest
(Expert) 15 June 2018
Give her the kids and get freed from all troubles from her by voluntarily accepting for mutual consent divorce for the sake of comforts of your life.
Guest
(Expert) 15 June 2018
Give her the kids and get freed from all troubles from her by voluntarily accepting for mutual consent divorce for the sake of comforts of your life.
santhosh.g.
(Expert) 15 June 2018
Your wife left you and left the care of children with you, so now the children are with your custody. Immediately file a custody custody petition under guardian and watts act before district Court stating all facts. File a IA separately for restrain her from taking children by force till the disposal of custody petition.
Vijay Raj Mahajan
(Expert) 15 June 2018
The father being the natural guardian, already having physical custody of both children for which he is lawfully entitled, so why should he file for custody of both children under the Guardians & Wards Act ? The matter is very simple the wife deserted the husband and seek divorce, let her first file for the same and seek the custody of the children, why should husband bother till that time. Getting divorce unilaterally is not a easy job for either party and very serious ground required for satisfying the Family Court to dissolve the marriage with decree of divorce. The divorce by mutual consent no doubt easy way out but when that proposal comes the husband can always put his demand to continue the complete physical custody of both children with him and wife will only get the visitation right for both children.
Sometimes remaining in defence is better than attacking in matrimonial disputes. Its a Family dispute matter where things have to workout in an amicable manner with using mind in proper manner.
Guest
(Expert) 15 June 2018
Vijay Raj ji,
Some theoretical people, who do not know the practical difficulties of litigation, cannot be expected to render any simple and practical advice.
Dr J C Vashista
(Expert) 15 June 2018
@ oldman,
1. I endorse the expert opinion and advise of Mr. Vijay Raj Mahajan.
2. No need to file any custody case as suggested by some respondent. You are already enjoying company/custody of the minors. Let your deserted wife may consider and proceed.
3. If she is not interested in your company you can not force her (your wife) to stay with you.
4. You are already an "oldman" as found mentioned in your profile, why do not enjoy your life with your children.
Kumar Doab
(Expert) 15 June 2018
The finer nuances of the matter/dispute are known to you.
The children are small or minor as per your post and perhaps you are in old age.
If possible crease all differences and resume matrimonial relations and forget past lead a happy married life onwards.
Kumar Doab
(Expert) 15 June 2018
If all efforts have failed and IT is not possible to remain in wedlock, then if one spouse files for divorce other can agree.
All other disputes/cases filed by either spouse can be either resolved amicably or by court of merits and irrefutable evidences..
If MCD is possible IT may be preferred.
The court may ask children as well about with whom they would like to stay and decide on the principle of paramount importance for welfare children..
You must have discussed with your own LOCAL senior counsels of unshakable repute and integrity specializing in Family matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and discussed the facts of the matter for a considered opinion.
You may also post what is the view of your own counsel.
Your own counsel can also help and guide to prepare for future litigation, if IT is inevitable.
If spouse wants custody of kids and you do not want to agree then litigation may be inevitable.
