Wife left marital home and not letting meet kids
Seeker
(Querist) 24 July 2014
This query is : Resolved
Hi,
My friend was living separate from his wife for last 5 years, but the wife and children continued to live with his parents only all these 5 years as he had to move out to a rented apartment. After numerous attempts in last 4 years for convincing wife for mutual divorce, he recently filed a contested case.
Now the wife has left the house 3 days back with the 2 children and is not letting anyone meet kids and not even allowing the kids to come on phone to talk to father and grandparents. Wife's family is continuously putting pressure that we will only allow you to meet kids if you agree to take the divorce petition back. This is going on for last 3 days and the emotional blackmail is on.
Please suggest what can my friend do here as he loves his children too much and is really worried for them, coz the his wife has displayed cruel behavior to children in the past few incidents just to get her work done. What can he to make sure that he and his parents can meet kids, as its illegal for wife to refuse the father from meeting children.
She has no grounds, and no court order, the case has hardly begin as she only recd the summon from court indicating that the case is registered.
Please help!
ajay sethi
(Expert) 24 July 2014
father should apply for custody of children before family court
Laxmi Kant Joshi
(Expert) 24 July 2014
if the children were above 5 years of age then your friend can file a case in the family court for the child custody or if they are below then ask for visitation rights .
Seeker
(Querist) 24 July 2014
But that will take a lot of time, in that meanwhile can he do nothing to meet his children? Custody case is not even filed right now, and can take years to get resolved, all this while can judge/police not stop this illegal holding od children by mother? especially when she has no grounds!
Nadeem Qureshi
(Expert) 24 July 2014
Dear Querist
he should filed an application u/s 26 of Hindu Marriage act if both the parties are hindu and the matter is pending under Hindu marriage act.
26 Custody of children. In any proceeding under this Act, the court may, from time to time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible, and may, after the decree, upon application by petition for the purpose, make from time to time, all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceeding for obtaining such decree were still pending, and the court may also from time to time revoke, suspend or vary any such orders and provisions previously made: 58 [Provided that the application with respect to the maintenance and education of the minor children, pending the proceeding for obtaining such decree, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent.
Seeker
(Querist) 24 July 2014
Children are aged 6 and 9, but custody and visitation rights comes only if court has ordered the children to be with the mother, isnt it? Can she just keep the children away even if children are wanting to see their father? Does this amount to cruelty for their divorce case? Especially that she is putting a condition that only if he withdraws the divorce case then she will allow children to meet the father.
Can police, or women cell help?
Raj Kumar Makkad
(Expert) 24 July 2014
Mother generally use children in such type of relationship. As the issue is already before the court so better to have trust therein and get the legal visitation rights.
T. Kalaiselvan, Advocate
(Expert) 30 July 2014
To tackle such emotional black mails, a case under guardian and wards act seeking custody and an application for visitation rights as an interim measure will be the next option for him to proceed with.
