Sauptik (Sr. S.O.) 06 February 2011

Please advise and guide me (Help Me Please)

Dear All,

I will present my situation in brief.

I was married in 2002. My kid is 6+.

The incident took place in September 2009. While I was out of station for a few days, my wife left the house to her parents place. she said that she would be coming back in a few days. after that calling her up and asking her to come back resulted in her saying that she wanted to stay for a few more days and then come. One fine morning, after already 2 months has gone by, when I called up, she informed me that she will not be coming back.

Tried calling up and persuading a lot, but of no avail. When I tried to meet them, they threatened me that they will file a criminal case against me and have me arrested, taking advantage of the fact that I am a Central Govt employee.

From the day she left my home, I was not allowed to see my child even once.

As days passed by, I started getting lesser information abt them. In the month of April, i got the information from different sources that they have shifted from their native place. I was totally in dark about her and her family's intention. I was never informed about any of their decisions or plannings.

Now, I have come to know that,

My wife has taken the Transfer Certificate of my child from the school and has shifted to Chandigarh.

She has taken up a job in Chandigarh and has admitted my son out there

My child is in the hands of her cousin sister, while she is at work.

Her parents are at present in their native place. They will be leaving for chandigarh in a few days.

I had gone to meet my In-Laws, we had a talk but could come to no solution. They gave me the Ph no. of my wife, and when I called up she did not receive the call.

Many relatives from my side has tried calling up and meeting her, in order to neutralise the situation but she is adamant for the fact that she will not come back, nor will she allow my son to meet me.

I understand that I am late in going for any legal procedure, But I request my esteemed and knowledgeable friends out here to help me find a solution. I had wanted an amicable solution. But now it seems that things are realling going out of hands.

I want my son back. It pains a lot, not seeing him for over a year and half.

Please guide me and help me out.

Thank you all friends,

NB: Dear Admin/Moderators: If posted in wrong section please move the thread to its appropriate section. I am new to this site.

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4 Replies

Out of Court (Consultant) 06 February 2011

As per the query, the reason ur wife did such type of mysterious activites is still a baffling issue, and it seems that all ur efforts to restore your happy life had gone in vain ........ Now you have to choose between the following so that an appropriate legal proceeding can be suggested to you.....

1. You want both wife and children.....

2. you only want your children ...

Ajitabha Pandey

Ou of Court

A complete Legal and Paralegal Solutions...

Pandeyajitabha@gmail.com; caserecords@yahoo.com

Sauptik (Sr. S.O.) 06 February 2011

Thank you Sir for the prompt reply.

As a long time has gone by, without anyone from her side, even trying to contact us, leave alone reconcile.

Now, I just want my child back.

I am sure that my wife cannot adjust back, and moreover she does not want to come back. I cannot, nor will force anyone to live with someone. and it will be difficult on my part to stay with a person, whom I know, has deserted me, and has tried to keep my son away from me. And there will be no assurance that she will not do the same thing again after a few days.

I had also spoken to her stating that "I do not want to go for a Divorce or any legal proceeding. I will do whatever is needed to be done for the benefit of my son. At least this can be done that, we share the time spent by the child with us. The arrangement can be worked out by discussion. Maybe we share for 15 days each" I had even agreed to 3 months with my wife and 1 month with me, just to keep my son away from the travails of seperation and to save him from the feeling of alienation. Saying so did not bring any change for the better. From that day onwards she stopped picking up the phone, did not reply to my message and left the city for good.

I will go for any procedure, through which I get my son back.

But, I would like to say one thing about my In-Laws that they have a really bad tendency of going back on their words and continously blaming everybody other than their own family for all the problems. So talking with them or going for any further discussion will not help.

I had gone to their place last Sunday and tried to sort it out. But even after my going out there, they did not even bother to even call me once to talk again. They are not maintaining any type of even basic contact. I have already tried a lot of ways, and now I am practically fed up of everything.

I would really prefer a procedure, legal or paralegal, where even if they want to they cannot stop me from being with my child.

Thanks

Out of Court (Consultant) 06 February 2011

Its ok ... Now the problem is that she will even not easily consenting to divorce, and seems like she trying to dominate you emotionally or by whatsoever means, and in parallel she even do not want to be with you, and simultaneously escaping from any type of legal actions ...... Simply file a petition U/s 9 H.M. Act, 1955 and wait for her counter reply, most probably we would find in her counter reply a suitable ground for a petition U/s 13 H.M. Act, 1955, iter alia living in desertion since 1.5 years without any reason. As the Child is above 5 years so gaining back in your custody is not a difficult task as per the S. C. I. observations....

Out of Court (Consultant) 06 February 2011

there might be some misposition of words in the above post due to understanding of fact that your wife do not want to divorce you, but infact its U , .... See parting the child without being parted ( dissolution of marriage) completely is not the appropriate way because once you decided to be seperated from your wife in terms of ending everything ( however you can apply for child custody in pendent lite), and whereas the person who do not wish to go for divorce is you , then you are inviting more problems for you as the divorce will entitle you both for a look of second appropriate partner, if you think of it in near or distant future... and in this case you can directly file a petition U/s 13 HM act, 1955 ( if you do not wish to bring back your wife).