Seperated for last 3 yrs.

Little background: I am working as Asst Prof. at Chhattisgarh and she is not working. Heard from somewhere that she is doing B.Ed. She is staying with her parents at Jharkhand. Me from the same city. I tried alot to convince her to come back. But she is not ready to listen my pleas as she is saying that she was forced into this marriage by her parents and she doesn't want to live with me. I've recording of this telephone conversation. I've two sons of 4 & 2.5 yrs. They are not letting me to meet my kids even. 3-4 months back I tried to meet him at his school but somehow they got the information. We had a big scuffle then and there only at school. School management got angry so I had to write an apology letter, otherwise they were contemplating to take action against my son. During phone conversation many times she has said that she will inflict harm to the kids as I am doing everything for them. I know she is just blaberring and not serious about it. But my question is can I use it as evidence againat her in my case? She is even threatening to commit suicide.

Little background: I am working as Asst Prof. at Chhattisgarh and she is not working. Heard from somewhere that she is doing B.Ed. She is staying with her parents at Jharkhand. Me from the same city. I tried alot to convince her to come back. But she is not ready to listen my pleas as she is saying that she was forced into this marriage by her parents and she doesn't want to live with me. I've recording of this telephone conversation. I've two sons of 4 & 2.5 yrs. They are not letting me to meet my kids even. 3-4 months back I tried to meet him at his school but somehow they got the information. We had a big scuffle then and there only at school. School management got angry so I had to write an apology letter, otherwise they were contemplating to take action against my son. During phone conversation many times she has said that she will inflict harm to the kids as I am doing everything for them. I know she is just blaberring and not serious about it. But my question is can I use it as evidence againat her in my case? She is even threatening to commit suicide.

If you had done all of your efforts to bring her back with you but she is not interested to cohabitat with you then you can file divorce case u/s 13(1)(i-a)(i-b) of hindu marriage act, on the ground of mental cruelty and desertion, for custody of your children you can not get the custody until the child attains the age of 5 years, you can file for visiting rights and you will get it .

Dear santosh file divorce on ground of desertion and you may also claim visitation rights of child

Warm Regards

Nitish Banka

9891549997

Habeas corpus will not be maintainable . The custody of a mother is not illegal and hence the correct remedy as advised above is a petition seeking divorce and interim visitation rights . Alternatively you may also seek a separate custody petition