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Samir Paswan (Business)     07 September 2017

Wife ran away with my 8 months old female baby.

My wife ran away with my old months baby when my parents were sleeping in other room.She ran to her brothers house and made them convice that we have thrown baby and her out of our house.She donot have parents but only brother.Now brother has kept my baby and wife.His brother with the help of his other relatives now threathing me that he will put dowry and harassement /cruelty case on me.We have been to police sation on the same day they went missing.The police only filed a general diary regarding missing of my wife and daughter.The police was supposed to file an FIR but he didnot.My wife and His brother is threathing that if i come to meet my daughter then he is not going to leave me.

As I understand his brother has no legal right to keep my daughter at his house.It is hard to beleive that from the day we started leaving she always threatens to return back.I even also identified her affair with other person.I called her brother and both them asked sorry.I have not kept any records of affair.I have call recordings of our hot discussion of during 4-5 days.

Kindly suggest how to deal with these kind of people.I need my daughter back.She is really not a good mother.All these days my mother was taking care of baby.They switch off mobiles when i call them to connect with my baby by video call.They will spoil my baby future.

Kindly advice.

 



Learning

 11 Replies

pankaj verma   08 September 2017

file suit for divorce. and child custody

SUNIL KUMAR (apprentice)     08 September 2017

Dear First go for talks including some members of society There are some chances that things may improve Running to court be the last option Mr. Pankaj suggested is right course in case you don't want to have your wife back
1 Like

Sachin (N.A)     08 September 2017

You should file case of Custody with interim visitation rights.

But not for diivorce, because if you file divorce case she will file application of interim maintenance in divorce proceedings and court will decide the interim maintenance first.

Once she start getting money she will deliberately delay the case and her brother will also enjoy with your money. And on the other hand if she will not get maintenace she will become burden on her brother and there is a hope that her brother will not support her much.

1 Like

Vikas Tiwari (Advocate)     08 September 2017

As suggested by Mr. Sunil….. First try to resolve dispute amicably, get the help of senior family members for mediation with your wife and her brother.  Straightaway legal action is not suggested….

Samir Paswan (Business)     08 September 2017

Sir,

They donot have permanent residency.They are staying in rented house .The house ambience is not good for child.  My question is Can my wife keep my child at his brothers house.

Sachin (N.A)     08 September 2017

Originally posted by : Santosh
Sir,

They donot have permanent residency.They are staying in rented house .The house ambience is not good for child.  My question is Can my wife keep my child at his brothers house.

 

Don't raise these points else court will ask you to pay expense of  rented accommodation.

Samir Paswan (Business)     23 September 2017

Hi, I have tried a lot.Now they have switched off their mobiles.They block my number when I do call.I have requested them if I can be connected with my daughter.They are silent on this.Plz suggest

Samir Paswan (Business)     23 September 2017

Her brother and one of his relative is threating me that if I come to visit my child, they will not leave me.

Adv Radhika Mehta (Advocate)     25 September 2017

Since all your efforts at resolving the issue amicably have failed, file for custody of your child along with injunction restraining her from taking the child out of the jurisdiction of the local court and access. However, whether the same will be allowed or not cannot be commented upon as your child is too young to be kept away from the mother.  So no matter how difficult they make it- strive to keep constant touch with your child.  Also collect proof of your wife's adultery to bring her to the table and compel her to settle the matter. 

Samir Paswan (Business)     30 September 2017

Sir,

Now she has sent me notice from court for DV and dowry harassment on me and my parents.I have not stayed her for last 12 months.

Plz suggest

Samir Paswan (Business)     30 September 2017

Sir, Now she has sent me leagl notice for Domestic Violence and Dowry harassment including my parents too.I have not stayed with her last 12months.She was in in laws house for delivery and after that in my house for 3 months.

Plz suggest


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