Wife file complaint in police and took both kids


Hello Sir, I am from Delhi and married since 13 years. I had fight with my wife last month and my wife filed police complaint against me and took both my kids to her parents. I tried best to meet her and to resolve the matter as my kids are at growing age and all this will negative impact them but she refused to talk and het father only was single point of contact and just not same to any conclusion. last week wife came to home with police constable, lady police, advocate and took all her and kids belonging, i tried to talk to her and she said that she can stay with me but i need to take seperate house. I denied the same as I am not in that financial condition for which she said that she can take house herself, take care of kid finances and give m luxury life etc etc. aand left by saying that she will talk to her father and let me know. Her father is rich and always atlk about their money and tell in past. Please suggest what shall i do now? shall I wait for her response and she has not responded since last 1 week or shall I go to her to talk (in past 1 month i tried 4 times which failed) and they are also not allowing me to talk/meet to my kids. Thanks

 
Reply   
 

also like to inform that when file filed complaint, Her family and me & my father was at police station as my my mother called 100 no. My mother not able to went police station as she is half body paralytic. My wife wife and her sister created scene at police station and shouting on ASI to file complaint and put me & my father in lock-up immediately orelse she will make video and tweet to PMO office, DCP, Swati maliwal etc, she started making video due to which ASI detained me & my 73 years old father for whole night and released next day. 

 
Reply   
 


Advocate

Troublesome wife, wont be able to continue with her. The children are there but in such situation nothing can be done, if your wife seeking divorce from you, let her have it, you ask for visitation of both children at regular period of time as she will never agree to give you their custody. At the age of 18 years both children may join you that hope you can keep as at that time neither she nor her rich father will be able to do anything.

This the best and most resonable solution I'm telling you, rest you will get hundreds of lawyers showing you dreams of getting you heavens out of this matrimonial dispute but reality is what I told you. Avoid all criminal cases for the safety of aged parents and yourself.


Total likes : 1 times

 
Reply   
 

thank you Vijay Sir for your valuebale feedback. I am sure my wife will not give me divorce and she is using kids as weopen as i am very attached to them. She also asked me to give aadhar ID of kids when came with police to collect her belonging and said that she wanted to make immediate passport for herself & kids (in such tense sitution, her priority is to make passport). I not found ID's immeditely but am I bound to give aadhar of my kids to my wife? As I mentioned lastly she only told me that she is capable to take new house herself, take care of kids and house finances, and luxury life etc to me, wherein she not earn that much but her father keep support her financially. I am confused as she is not responding at all not her father despite I have tried to resolve the matter amicably almost 7-8 times in last 1 month. Shall I keep waiting only for her next move as they have not shown any intentions to resolve the matter in last 1 month and at this high level politics played by my wife & her family, my beautiful kids aged 11 & 7 are suffering as they have cutted the connection between me & kids. 

 
Reply   
 
Advocate

You are natural Guardian of both your children and you need not share their Aadhar with anyone. If your wife not coming forward for any settlement, wait for sometime and just file for custody of your children who were removed from you under the Guardian and Wards Act read with Hindu Guardianship and Wards Act. She will definitely come for some compromise only after this move. But avoid criminal cases that may be filled against you and your parents, but that may not be registered immediately by Police as per latest Supreme Court ruling in this regard.

Total likes : 1 times

 
Reply   
 

thank you Sir for the information and guidance. I will also go through the details of Guardian and Ward Act and thinking to wait only as there is no other option left for me. 

 
Reply   
 
FIN

The spouse that has come to matrimonial home with police and advocate and pulled other spouse and in laws to PS and created scene so as to keep other spouse and in laws in Hawalaat can do anything…

To your moves your spouse can take countermoves and you will be there to see and face..

The spouse is asking you to leave your parents and come out to stay with her and live with your children and spouse and not bother for expenses…You have also categorically confirmed that your spouse won’t agree for divorce.

If your children are in your favor then they can state before authority/court that they want to stay with you… If they do so IT shall be a big defeat of OP..

The pertinent point is would they do so!

All instances posted by you do point to cruelty and if you have kept meticulous record of irrefutable evidences these can help to end the wedlock ………….by court of law, if you want IT.

The hazard of retaliation by OP and counsels of OP cannot be ruled out….

 
Reply   
 
FIN

If your children are in your favor then IT may work wonders even without litigation..

You need to draw your own strategy to deal with your situation…

Probably you do not want to stay with your spouse in separate house as demanded.

The best is to approach senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and well versed with latest citations, LOCAL applicable rules/laws/bye laws-Act in the state  … and having successful track record…. and worth his/her salt…..and show the case related docs/inputs etc etc for a considered opinion and proceed under learned advise of your counsel…..so that you succeed in case for custody of children and also defeat the criminal cases if any is filed…

 
Reply   
 

Thank You Sir. I guess that my kids are presently not in my favour as they are in her mother custody since last 1 month and she must have brain washed them or threat or may told some untruth. My kids not call me to talk but sometimes send me whtsapp message that they love me and all, whenver i try to call them, bell keep ring but no-one pick. Altrough they are very attached to me but when i last visited them, they was watching me from other room and not had courage to come and meet me. I must say that they are not at fault (age 11 & 7) but due to their mother & her family terror, they are bound. I dont want to stay with my wife seperate as she is least bother what i say. Even if i live with her also, i know my situation will be worse than street dog but still I am ready to sacrifice due to my kids. I am scared also the way she and her sister created scene at police station and she was almost about to hold the ASI collar and her parents kept looking the entire drama of her daugther and supported her. In this due fight, my kids future is getting spoiled. May be she will put some other wrong case on me when i will stay with her seperately and not follow her intructions. Also like to mention that my wife father and mother also stayed seperated for 13 years after my marrige and came togther when my FIL faced kidney problem in 2017 end. Sometimes I assume that they may have put same family values in her daugther also and very muh okay to keep her daugther at their place only, as relation is least bother for them and luxury life/money is their always a top priority. 

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu