Wife and Son

You can shift the belongings of your wife to the house you are living at present and dispose the second house or take a house on rent and park the belongings there. At this stage you cannot say that she wont be back or you may not relive together so why do you want to send her stuff back

@ Author

Very limited scope based on cause of action you are currently having based on presented briefs;


1. Make a 1 page application to local police station of wife and son without consent leaving matrimonial home and possibility of finding them at XYZ address hence kindly bring them back to matrimonial home. Take stamped / signed / diary no. receiving of the said Application from jurisdiction Police Station.
2. File an RCR meanwhile before your Jurisdiction.
3. Do send regularly every month without any "demand raised" maint. as per your status for upkeep of your son and wife. All such refusal be recorded as evidence later on.
4. Make a digital list of all her items down to her hanky on a Non Judicial Rs. 100/- Stamp Paper. Get two independent person sign as witness to the list.
5. Take a store room on rent and shift the listed items there. You can sell the second house as required by family if it is registered under family's name and she has no share into it.
6. Collect proof of her working in semi govt. school along with her income details.
7. Take neutral relatives to her home and politely try to discuss things out without raising any issues. If they donot open their doors for you and your men and agents then leave immediately.
8. File Visitation case under Guardianship and Wards Act to visit your son. Make your mother also one of the co-petitioner party only for visitation purpose.  


The sooner you do all the above the effects of any crl. / civil cases if and ever filed by her will become lesser though ordeal one can't escape since she is your wife !

Because this house belongs to me. At this stage if anything happens to me or if i die then automatically as a legal heir she will be owner of the house. the house i bought is by my money and my parents contribution. that means in my absence she will be owner of the house without leading family life with me or not doing any duties and responsibilities towards me or her mother-in-law. thats what they want basically. thats the bottom line. i cant shift her belongings to the house where we r taying at present becuase that house is too samll and there is no space to keep their belongings. moreover she is ready to join service at her parents house. so pls advice if i ask my inalws to tkae the belongings. if the matter head for seperation we can wait for that but its difficult to wait so long to keep it unsold. we will not go feor renting the house. had my wife returned then also we would sell the house but discusiing with her as well as she is also a family member of ours. but she is not considering herself as a member of our family. she is still considering herself as a member of her parents family like she was before marriage.

Pls advice.

Subhomoy.

@ Author

Here are clarities (reasoning) given to you based on your last reply post;


1. In a husband and wife rough relationship they only need to solve among themselves wihtout involving thrid party. When they fail to reach an impasse between themselves it is better to dissolve relationship between them that also amicably. When they can't even talk in civilized manner (amicably) then it is always sensible to keep quite by following your "maint." duties till she approaches the Court herself for adjudication of issues between you two. Here, she may invoke civil and or crl. and or both nature of litigations and for prayed reliefs.


2. You have second house and if you sell it as advised in above manner then I think you are not expecting Rs. 1 Lac out of such sale?. A average house in rural to urban India fetches nothing less than Rs. 3 Lacs as average I am infrencing. If you take a small room enough to keep her belonging till some resolution there then it may not cost Rs. 1500/ per month on national average perception basis stated here. One side you are worried about the second house going to her after your death ! Common I suppose you are not going UP tomorrow or day after tomorrow given to understand no medical illness stated in your briefs !!!! Even if you go UP tomorrow and before that if you follow above then also no harm or extra litigation you are leaving behind for men and agent to face the music of Courts as everything is under Record and under clarity done by deceased husband :-|. Suggest to invest the raised money from sale of your second house in a FD and pay rent from its interest (almost) because you are not selling the second house for "family needs" but because you donot want the self acquired second house go to her is the inference here. however your son's share will always be there whether you sell it or not :-)


3. If you donot want any of the previous given suggestion done with then stir the NEST and see yourself what happens. In India Family Laws favor wives. You will not only loose the second house to her under "protection order whether she lives there or not" but will face the music of possible several litigation. BTW, second house for income tax purpose is always taxable under market rent if you live there or even kept it locked is it not so!!!!


4. Sell the house and make a FD in child's name as Under Guardianship and gift to her. She will automatically come forward to resolve all differences between you two. Mind it a FD made under guardianship can't be broken without your signature and or in the absence of a will and can only be broken by a Court direction in case you knock UP.


Bro. there is no long term escape from Law is bottom line. That is why minimise the matrimonial damage in strategic way is all that is said herein as long term low impact suggestion(s). 

 @ Author

Here are clarities (reasoning) given to you based on your last reply post;


1. In a husband and wife rough relationship they only need to solve among themselves wihtout involving thrid party. When they fail to reach an impasse between themselves it is better to dissolve relationship between them that also amicably. When they can't even talk in civilized manner (amicably) then it is always sensible to keep quite by following your "maint." duties till she approaches the Court herself for adjudication of issues between you two. Here, she may invoke civil and or crl. and or both nature of litigations and for prayed reliefs.


2. You have second house and if you sell it as advised in above manner then I think you are not expecting Rs. 1 Lac out of such sale?. A average house in rural to urban fetches nothing less than Rs. 3 Lacs as average I am infrencing. If you take a small room enough to keep her belonging till some resolution there then it may not cost Rs. 1500/ per month on national average perception basis stated here. One side you are worried about the second house going to her after your death ! Common I suppose you are not going UP tomorrow or day after tomorrow given to understand no medical illness stated in your briefs !!!! Even if you go UP tomorrow and before that if you follow above then also no harm or extra litigation you are leaving behind for men and agent to face the music of Courts as everything is under Record and under clarity done by deceased husband :-|. Suggest to invest the raised money from sale of your second house in a FD and pay rent from its interest (almost) because you are not selling the second house for "family needs" but because you donot want the self acquired second house go to her is the inference here. however your son's share will always be there whether you sell it or not :-)


3. If you donot want any of the previous given suggestion done with then stir the NEST and see yourself what happens. In India Family Laws favor wives. You will not only loose the second house to her under "protection order whether she lives there or not" but will face the music of possible several litigation. BTW, second house for income tax purpose is always taxable under market rent if you live there or even kept it locked is it not so!!!!


4. Sell the house and make a FD in child's name as Under Guardianship and gift to her. She will automatically come forward to resolve all differences between you two believe me. Mind it a FD made under guardianship can't be broken without your signature and or in the absence of a will and can only be broken by a Court direction in case you knock UP before its maturity. Ever thought why during pregnancy when she left you she started working? Not for earning money but she knows it is a long game plan which may be triggered by either spouse. A wife thinks usually from intuition and a husband start thinking next after her intuition is effected upon her husband ......:-)


Bro. there is no long term escape from Law is bottom line. That is why minimise the current matrimonial damage in strategic way and go beyond a house thinking wise is all that is said herein as long term low impact suggestion(s). 

Tajobsindia: with ref. to your point no. 2 last line , i would ;like to clarify one thing is that as u mentioned that my  son`s share will always be there whether i sell it or not.... Can i transfer the ownership of the house through deed of settlement or making a will in favour of another person (not son) who is close to me and take care of me. or if i sell the house can i donate it to any religious place or gift to any other person and not giving to my son. Its my property and i think i have full right to sell or transfer in any persons name before i die. My son will get the ownership of my house  only after my death and if i do not make any will or transfer it to any other persons name while i was alive. thats the general idea i had. pls clarify it if i`m wrong. am i bound to give any share of my property/money to my son? i dont think so.

Subhomoy

1. Yes you can dispose your property as you may please. But the que. here why is such a need to do all these when relationship between yu and your wife is not well. ? Why lock a child's future afterall you are his natural father are not you!

Anyhow think calmly.