Manoranjan Das (Constable) 19 August 2012

Deserted and cruelty by my wife

I got married in 2000. On 2nd April, 2012 my wife left me alongwith my sons (11 & 6) basing on a trust issue. She has been emotionally torturing me since 2010 saying I have extra marital relation with a lady, which is totally false and baseless issue. All of my neighborers, friends, relatives, collegues knows that I am a clean hearted man and my character is spotless. For her such allegation i called for explanation several times, but she bluntly denied to prove it. Till now she is alleging on this issue. Now the days her parents and brother shake hands with her. I came to know from her phone call details that she was talking over phone to his brother an average time of 1 hrs per call every day during my absence at home. She maintained secrecy while making phone call going outside the premises i.e. main road. All of neighborer watch this everyday. Now they disconnected their land phone. not receving my call even on my personal approach not let me to visit my sons. They keep my sons under key and lock. On last 3/4 instances they did not allow me to enter into their house. Still i love my wife and sons. My father-in-law always message me that he has no objection if I get second marriage. What should I do? Please help me. I have already lose 12 Kg weight.

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4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 19 August 2012

Dear Mr.Das,

In such circumstances, you should file a suit for the restitution of conjugal rights(S.9 HMA) whereby you seek the court's decree for your wife to resume your company, also in the same petition, file an application u/s 26 - for custody of the children, and at any case, visitation rights, and in all this be on the watch for false 498a/406 cases that she might try to implicate you and your family in.

Good Luck !

Adv. Bharat Chugh

* Read this on how to pre-empt and guard against a 498a ? https://bharatchugh.wordpress.com/2012/07/07/how-to-fight-a-false-498a-case-in-india-a-step-by-step-legal-strategy/

Anish Thakur 7018812737 (advocate) 19 August 2012

dear querist,

first of all stop giving stress on mind,it will result in lose your health and ability to tackle the conditions,secondly get alerted as you can be bundled in any matrimonial litigation as it seems to be happen as soon ,as i jujge it from your matrimonial side relatives behaviour.now start steping carefully ,in 90 percent of the matrimonial cases are made on flimsy grounds but respondents have to suffer a lot ,in these cases precaution is better then cure deems fit proverb.if you want to live with your wife then you can file RCR sec 9 HMA act but it will not make bound your wife to live with you its just a heart booster litigation only ,you can file for child custody but by doing this may be your parental in law get upset and can file some false litigation against you like dowry,domestic voilence etc. so you have to manage the things step by step so that you can make yourself safe and strong legally.however you have options to file divorce too on cruelirty and dessertion base but before filing this you have to collect some evidences .80 percent of the matrimonial cases lost in courts are due to improper grounds,drafting and lack of step by step procedure.feel free to call if you have any doubt and query on the number given in profile.