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unknown   05 July 2015

Wife ran away with my 4 month old kid to her parents house

Hi,

I got married in year 2012, for 3 years every thing was fine (except small arguments in between us). my wife got pregnant and deliverd baby boy in Jan 2015. Since then my wife behaviour changed and started talking opposite to me (Yes there is lot of brain wash when my wife went to her parents house for delivery). 15 days back my wife came to house with my kid. Just with in 3 days she ran away with my kid and went to her parents house with out telling any body(Me or my parents). Now she is not picking my call. My inlaws came to my house and shouted like any thing standing outside house and took her all belongings and suitcase.Now no call no message in between me and my wife.

Mediator also went to my inlaws house, they deined to send my wife.

I have become totally blank with this sudden move of my wife. i never expected this from her as we lived happily for 3 years. So please please suggest me what i should do next..

1) what steps i need to take first. ( I heard i cant even give police (MISSING) compliant on her as she went to her parents house).

2) What all the cases i can put on her ?

3) How to protect myself and my parents from them.

4) If i go abroad. are ther any chances for them to put cases on me .

now am totally in dark. please guide me. 

thanks in advance



Learning

 8 Replies

saravanan s (legal advisor)     05 July 2015

do you stay with your parents? if so she is attempting to move you away from your family to a seperate accomodation.make records of all your attempts to bring her back to the matrimonial home.also record the threatenings given by your inlaws.dont file any case now.as she might respond with 498a,dv, dp 3 & 4 and other criminal cases.

when your inlaws took her belongings did you get their sign in any document where they admit they took all valuables.if not gather evidence for that

she had committed wilful desertion and her acts amount to cruelty.if she doesnt change her attitude and if she doesnt join you then after two continuos years from the time she left you,  you can file divorce on the grounds of desertion and cruelty with whatever proofs you have

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     05 July 2015

At first you send a legal notice to your wife with your  restitute of conjugal rights

If either the husband or the wife, without reasonable excuses, withdraws from the society of the other, the aggrieved party may approach the Court for restitution of conjugal rights.

         The decree of restitution of conjugal rights cannot be executed by forcing the party who has withdrawn from the society from the other to stay with the person who institutes Petition for restitution. The decree can be executed only by attachment of the properties of the judgment debtor. The practice has shown that the decree of restitution is a paper decree.

         However, if the decree of restitution of conjugal right is not honored for a period of more than one year, subsequent to the date of the decree, it becomes a ground for divorce. 

 

unknown   06 July 2015

Thank you Saravanan, No we didnt take any sign on any document as they were standing outside house and shouting,they threatened us that they will bring some gunda to take the belongings. so atlast after lot of shout we gave it. yes every thing they have taken, only one gold "mangala sutra" is with us.

Please suggest if i try the below possibilities

1) In this situation if i go abroad outside india (For office assignments). Are there any chances of they harming me or my parents with any cases ? how to safe guard my parents ??

2) If i take my parents to abroad along with me for 6 months.. ??

She is not at all picking my call and not even responding with messages. father and mother in law controlling her completly. Daily torturing us in one or the other way in social media.

Please suggest.

thank you

unknown   06 July 2015

Thank you Ramacharya... your suggestion are more help full

 

Adv k . mahesh (advocate)     06 July 2015

here it is only one face and why she left what happened between you both to make her live your house without informing anyone

why should we blame her - think from you angle you are hiding some thing which made her feel angry and left

without solving that issue is didnt see any major issue here if you can solve that issue then she will be with you and you can go alone to abroad without any tension because in three years you said everything is fine but few arguments and minor issues

saravanan s (legal advisor)     06 July 2015

get ab for your parents and as long as she files a criminal case against your parents thet are free to move anywhere

unknown   13 July 2015

Hi Sarvanan, Mahesh, Ramacharya sir,

Yesterday mediator called us and asked us(Me, my father, My mother) to come for talking and settle the issue. he said he will also call them(My Wife, Father/Mother In law).

I have few questions which i wanted to put forth infront of you

And seeking for possible help and solutions..

1) We are least interested in going for talking/Settlement as my inlaws stood outside our house and shouted like gunda's..we are hurted too much and we dont want to see those faces also as they will shout ther also. But mediator is forcing us to come.

2) They(My InLaws) might put condition that my parents should not stay in our home.My parents are 60+ yrs now. its very difficult for them to stay separately, i cant make them separate.if at all if they impose the same.. what reply i can give them ? or i can also put condition on them saying "My inlaws also should not come to our house and also should not talk to my wife" will this be a better side of the talk.. ? or wat is the best thing to tell so that they will not talk about separating my parents

3) If every thing goes well and wife comes back. but in husband-wife life both good times and bad times will be ther, if she runs away once again (her history is she recently complained about silly things..."husband will not talk to me and he will not buy dresses.."). then what i should do. Can i take a signature on paper written "If i run away next time, am the sole responsible of myself". Bcoz even though she will come and stay in my house. daily she talks to her mother/father and does the things which are told by them. I tried to stop her calling to her parents. last time she created a big issue of it.

 

Thanks In Advance

saravanan s (legal advisor)     18 July 2015

just go there and let them talk whatever they want.hold your nerve and record everything.be it threatenings or whatever rubbish.get some relatives or friends who will also witness everything.

if your inlwas put some condition as specified tell them as a son you need to take care of your parents and thats your utmost duty.tell them you will arrange a rented accomadation very near to your parents accomadation for you both to live.record these conversations also.whether they accept or not

"My inlaws also should not come to our house and also should not talk to my wife"

if you tell this condition they might initially accept but they wont stick to it.

dont ask her to sign any statement as you mentioned.if at all she creates the same problem again just divorce her.that time you can make use of all the proofs you will be recording now

 


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