Wife left home from past 4 months along with both the kids, 8 years marriage on stake. how to safeguard legally.

since she is earning, no alimony will be awarded to wife. but for children you might need to give.

Apply divorce based on cruelty and apply for custody of children

Originally posted by : AMIT ANAND
	Good Morning Advocate's,,,,, I am a citizen of Punjab, India having 36 yrs of age. I am married to a women aged 36 from last 8 years and blessed with 2 kids aged 6(daughter) and 3(son). I live in Delhi at present as of my job. At home my father is there aged 65 years. My income is 97,000/per month and wife earns 50,000/month. Now my wife has left home from past 5 months and went to her parents house along with both kids. Now my father is also alone at home. Major reason of the above is her parents interference and more importantly her careless lifestyle and keeping her busy on phone with face book along with relatives. As of which she neither takes care of me, my father even my kids. In between 2 times she came home and took all the essentials along with her from almirah for which we filed complaint also with police but not registered one. Now in this case what should i do to bring her back with my kids. At the same time i want to secure my father also from any wrong intentions of my wife and her parents. Can i file a divorce. How must alimony or compensation can be granted to her by the court. Just to keep you informed, I am having house of my own for which having loan of Rs.20 lacs and my wife parents live in a rented house. Kindly guide....

Dear Amit,

She is gone for good.  Reason might be several.  She might want to help her parents out with their financial problems or she might have just felt its not worthy enough to stay back anymore.

Legally there are no much options for you to bring her back than file a Restitution of Conjugal Rights petition in Family Court.  You can start by way of giving a Advocate notice, asking her to come back within 3 weeks or so.  Failing which you will be forced to approach court.

Once you do that, there is surely a chance of she filing some case on you and you parents vis a vis dowry harassment case, domestic violence case or rape case.

For that you can take anticipatory bail if you want to secure yourself and your parents well being.

But before that, you can think about why exactly she went.  You very well know that things have not been alright for past few months.  You guys are married long enough, so you know why exactly left you.

So just go to her parents house, safer side go to jurisdiction police station with a written statement that you will be going to her parents house explaining the matter to them in detail by way of writing, and to help you out if any untoward incident occurs.  Or easier call up mahila sahayavani and tell the same if you don’t wish to go to police station.

Don’t let your wife know that you went to police station yet.  Talk to her once you are there at her parents house and convince her to come back.

At least for sake of 6 year old girl child she should come back.

Given that you have stayed long enough in this marriage, married, you guys should have developed some conscience with regards to the relationship itself.  It appears that she has already moved on.

Many people like you approach police, court and spoil the relationship to great extent so much so that repair is not possible at all.

You can sit quiet and do nothing but wait till she comes back on her own.  But there is no guarantee that she wont move court.  Like you have come for advice here, she will also go on some forum or contact some advocate regarding this, and in such case if by chance that advocate suggests to file few cases on you and your parents.  You will be doomed for life.

Custody of kids is another headache which you will both have to go through till kids turn 18.  The kids will lead a life of apathy till their last if you guys think of moving court for divorce and fighting for child custody.

Be advised that you stand to be natural guardian as you are the father of the kids and custody should be granted to you only as they are well over ages of 5.

Alimony issues wont be there as both of you are working.  But women do lie, and if she does not show that she is working woman, you will need to pay her alimony based upon the kind of lifestyle she had with you + alimony to kids (which will be on a sharing basis, as you both are responsible to take care of your children equally, detailed expenditure statement regarding kids welfare should be provided by your wife so that court can arrive a figure of maintenance).

Once you or she move court, you both will lose peace of mind, related members also will have a tough time to comprehend with the situation, mainly the kids.

You can contact me via email for any further advice.  For the time being this is enough.

It is flimsy accusation at best.

Work towards saving marriage even the cost of pride.

Not matter how bad things looks now, it will be hell before it changes.

By then there will be nothing left to cheer for.

Bring the family . Take couselling. Help children education.

Unless off course you have another relatioship brewing and want to dump the current one.

The please do so offering clean exit and alimony.

From a legal prespective, don't do anything. Sit quiet. let them act. One thing you can do is file that case.

Family comes first. Think about it.