Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Indian Citizen (XXX)     09 August 2016

Threats from wife to go back with son

Dear Experts,

  I have been married for the last 2 years. Have a 1 yr old son. From the beginning, my marriage hasn't been a very happy one. Nevertheless, I have been discharging my duties as a father & husband to the best of my abilities.

  Of late due to regular quarrels & arguments at home, my wife threatens that she will return to her parents' home with my son in a different city.

  Just wanted to know, that if she does go back & is not ready to return, what are the legal options that I have?

(i) Can I take her to court on grounds of desertion & taking my son away?

Please do let me know. This is causing quite a lot of agony for me.

Regards

 



Learning

 6 Replies

Mukesh sharma (job )     09 August 2016

Hi if you want take action than their lot of way that will help you but other you want to save your relation than you need to talk with your wife and give her sometime to understand and save your relation 'other way you file divorce in familyu court and help good family lawyer


(Guest)
If it went to the extent of pursuing legal remedies, likely your relationship has come to an end. I suggest sit down with her to amicably separate while sharing child access. A lot of people share like that with good terms continued. If you pursue legally, life will be hell for both of you, more for you than her because of female biased laws. The more you fight through legal means, the more difficult your wife will make child access for you. It's a long drawn process in court before you get your rightful child access. In the mean time your wife can poison your child about you and create ill will about you. I don't mean to scare you but this happens quite commonly. Bottomline is that best solution for you is an amicable settlement. I strongly suggest not to get too emotional with your child because we get very attached and emotional initially. But important to keep a cool head and not get emotional. Some friends and Lawyers might instigate you to get court but they do it for various reasons (fun, ignorance, greed etc.). It's important you stay calm though at all times and avoid legal means as far as possible. Good luck.

whatnot   10 August 2016

Originally posted by : Venkat
If it went to the extent of pursuing legal remedies, likely your relationship has come to an end. I suggest sit down with her to amicably separate while sharing child access. A lot of people share like that with good terms continued. If you pursue legally, life will be hell for both of you, more for you than her because of female biased laws. The more you fight through legal means, the more difficult your wife will make child access for you. It's a long drawn process in court before you get your rightful child access. In the mean time your wife can poison your child about you and create ill will about you. I don't mean to scare you but this happens quite commonly. Bottomline is that best solution for you is an amicable settlement. I strongly suggest not to get too emotional with your child because we get very attached and emotional initially. But important to keep a cool head and not get emotional. Some friends and Lawyers might instigate you to get court but they do it for various reasons (fun, ignorance, greed etc.). It's important you stay calm though at all times and avoid legal means as far as possible. Good luck.

Please re read and repeat reading what Mr. Venkat has suggested. You will know the meaning of the word -Hell-

If you have some cash at disposal, provide your wife with lavish presents and win her over.

It takes two to tongo and by your query there exists part of denial from your end as well. So you might be as much as guilt for souring the relation ship.

We all are good judge for other mistakes and excellent lawyers for our own mistakes.

Innocent child life is at stake.

Indian Citizen (XXX)     10 August 2016

Dear @Venkat & @ whatnot,

   Thank you for the responses. I can understand what you mean...and it's not that I have not tried to patch up from my end many times before. Unfortunately, things have come to such a stage right now, that I feel like being at the receiving end everytime inspite of providing for my family as a husband & father. She even thereatens me that she will report to the cops as I am "mentally harassing" her. I am trying to not get emotionally attached to my son very much.

  Does the indian legal system provide for no recourse to husbands/men who are at the receiving end like me? Do we as fathers have no right over our children? Does that mean that a woman can anytime walk out with her child & leave the husband high & dry?

whatnot   10 August 2016

Go with gifts to your wife and kid. Wait patiently. Refuse to leave the premise. If cops are called suggest them to file a case and darg you out physically.

Come out of station. File a case against your father-in-law for kidnapping your wife and child.

Notify Income Tax department of ill earning of your in-laws. Wash dirty laundry in public. Take a NGO help and suggest them to take child to orpahnage as in-laws family place is not condusive of up bringing of the child. separate . Track her social network activities. File a RCR. win on merits. Go back to same place where you were taken in by police and she will agree.

 

Or call her lawyer and fix a MCD.

 


(Guest)
Gifts and presents may not impact much at this stage. Just sit down and separate with MCD with fair division of money and child access. Your best and in fact only chances of a good life exist until you think of going legally. Of course, if u our wife goes legally by filing cases etc there isn't much to do. Don't worry about child access. You will be provided in any route, even after your divorce.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register