Need urgent help plz

First you go to police station and do a general diary against your wife, draft everything thing in that what ever she has misbehave with you. before she could take action against your special ly for domestic viloence and as well as divorce charge and main thing she will claim for maintenance, she can charge you 498 against you, so it's better you do a general diary, no need to worry , it will be a proof for you. and also before submitting gd to police station do a Xerox copy of that , and then submit and take a receipt from police station.

Firstly, it is advised that you keep calm and consult a divorce lawyer and elaborately explain the facts of your case. It is also suggested to file an official complaint of cruelty and torture against your wife. Filing a complaint with the police and using all the evidence you have against her should seriously be considered.
the Supreme Court expressed its views on cruelty, in the case of, Samar Ghosh vs. Jaya Ghosh (2007 4 SCC 511), as the court observed that “We have reached a certain conclusion that there cannot possibly be any complete and comprehensive definition of “mental cruelty”, which would cover all the cases relating mental cruelty. No court in our opinion should even attempt to provide a comprehensive definition of mental cruelty. As this concept varies form facts and circumstances of each case”.
According to Section 13(1) (ia) of the Hindu Marriage Act, 1955, cruelty (be it mental or physical) is a ground of divorce.
You can also claim that your wife is unfit to take reasonable care of the children and request for a complete custody. But it should be noted that both the parents have an equal right to custody of the child in India. 
Whoever gets the custody of the children, however, is an issue which the court decides upon. The court make every effort to strike a balance between the two, all the while considering the welfare of the child as utmost importance. Nevertheless, just because the custody of a child has been awarded to any one of the parents, it doesn’t mean that the other one cannot see or be in contact with the child. The Courts in the country are very rigorous to make sure that a child gets the affection of both the parents. The other parent gets rights to visit the child, the conditions, however, are determined by the court. 
In India, there have been various cases where the court has instructed the wife to pay the alimony or maintenance her husband. In July 2014, a family court in Gujarat ordered a woman, Rajvinder, to pay alimony to her husband Dalbir, who had accused her of physical and mental torture and the claims were found to be true.
It shall also be noted that the Supreme Court had asked the husband to pay the wife a lump sum amount as maintenance despite the fact that the husband was able to get a divorce on the grounds of cruelty by wife in the landmark case of KIRAN YADAV vs DHARAM PAL YADAV on 22.08.2019.
So, the question of alimony or maintenance depends upon the facts and circumstances of the case and how the judges decide upon it. 

You can file divorce on the ground of cruelty. Apart after getting summon from Court, it is expected that your wife will file maintenance application against you. Moreover you are obliged to maintain your wife. If your children are in your custody, your wife need to file custody application otherwise your sons will continue to live with you! For awarding custody, Court normally sees paramount interest of the Children. 

 

 

Too long a story for forming an opinion and oblige. Be brief and specific

It is better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

 

The trigger point to post here is as follows:

:10days back she again went to her parental house without any reason LEAVING MY SONS AT MY HOME AND RETURNED BACK FOUR DAYS AGO AND TOOK MY SONS WITH HER"

And this has been happening for the last eight years.

 

As already suggested, you may file a Police Complaint giving all the facts and also the previous acrimony with your wife and her taking you to Police Station duly explaining the reasons for your silence. Whether any of your neighbours shall speak on your behalf? Please find out this aspect as an independent witness of outsiders shall strengthen your case. Such Witnesses should not drop out after some time. The laws with regard to matrimony issues are heavily in favour of Wives only and rightly so. But, still, that cannot be exploited against the husband also. Therefore, immediately contact a local reliable and capable Lawyer and handle the matter through him and with his guidance.

 

As to custody of your Children, Court only can decide and Court may ask the opinion of the Child also in the Court.

You can decide about dissolving your marriage if it is no more possible or feasible to continue with this horrifying atmosphere with her in the name of married life.

You can mention all the events that took place from the date of marriage chronologically and vent out your grievances in the form of pleadings in the divorce case.

For the custody of your chidden, you may have to file a separate petition under guardians and wards act.

Since there are two children, and the younger one is less than 5 years, she may get the custody of the younger child while you convince the court about the custody of t least the elder one to you.

Since she is legally married to you, she is eligible for monthly maintenance amount even though she is stated to have committed all types of cruel acts against you and your mother.

You may discuss at length with your advocate and take steps immediately before she arrives at your house to thwart your attempt to file divorce case.

 

 

Thx for yur valuable Suggestion 🙏. 

Sir 

I have filed a complaint on name of my mother. 

Quoting  actual harrasment done by my wife to my mother and childrens. 

I have included some other spicy facts in the complaint which  related to my mother and my wife. I'm not involved in this complaint to police station. 

My mother is 80 years old. I live with my mother wife 2 kids at mothers home which is parental. 

I m Govt Officer .but my place of posting is far from our home. 

For my side. 

I hv filed Divorce application U\s 13A in family Court on the ground of Mental Cruelty quoting all facts as I mentioned in my topic.. I hv inquird any FIR or other action against me at her place but nothing as on date. My application for Divorce is still not admitted processed in court due to Lockdown. But ready and waiting to be accepted by Court as soon as possible. 

I got news that she wants to come back to my home bcoz it is normal behavior for them to come and go. 

That's y I m trying to get issued summons to her bcoz I don't want to live with her and I want to Fight at ANY COST.. I want to fight to take my kids aged 3 and 7 both boys. 

Now suggest me how can I try to issue summons fast and what action she can take against me after recvng my Divorce application. 

Plz suggest me Sir