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tenrique_in (MT)     11 November 2012

Wife neither willing to 'live with'/'leave' the husband

Dear Lawyers,

 

I have been in the following problem from many months and have been in constant stress.  Please tell me what should I do from hereon.  My wife (married since 4 years) who is from another state under the influence of her father deserted me for the second time 3 months back.  The first time she did leave me was after our first child (girl) when she was just about 4 months old and came back after 9-1/2 months when her stepbrother made an effort to join us and she agreed to live as per my wishes and had said sorry to me in front of many people.  Things went well for one year and when we had a second child (boy) she again left when he was just 40 days.  Due to some incidents I had come to know that she will leave exactly after 40 days of my son, which happened on 40th day itself.  She told her gold ornaments and even the gold which I had gifted her, only the expensive things, rest she left here.  I was aware of her/her family's intention so I was not surprised.

They have threathened us that they will not let me marry any other girl nor are they going to send my wife and/or children to me.   I fear they might implicate any false cased against me/my family.  I am ready to go through anything, but want my family not to be harrassed in any way.  What can I do to get my children back to me because they want to hide my identify from my children in every possible way.

Can my wife file for maintenance for herself and children even when she left the home on her own and depriving me from my children?

If anyone genuinely believes that I can get justice for me and my children then please do reply and can ask further questions regarding this case.



 2 Replies

Rahul Kapoor (Legal Enthusiast)     11 November 2012

hello,

your wife is entitled to maintenance if not working.

you can file for child custody but your children seems to be too young.

 

regards-

rahul.gogreen@gmail.com

Guest (Guest)     12 November 2012

Yes she can file for maintenance. You can defeat the claim of your wife to maintenance only on the ground that she left the matrimonial house without any sufficient cause and that she has sufficient financial resources to maintain herself.

 

As for child custody, you may file a pettiion for child custody under the Guardians and Wards Act. Child welfare is the paramount consideration on which the court shall decide such a petition. Since your kids are already with your wife you may not be given the custody of your children but visitation rights cannot be denied to you.

 

Be on the vigil for the false criminal cases she may file against you. If precautionary measures are not taken you may have to face the ignominy of arrest. Send a written complaint to the police intimating the possibility of your wife misusing the process of law to harass you.

 


Ashish Davessar

Advocate

Supreme Court of India

Punjab and Haryana High Court

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