Wife's parents not allowing to visit/speak to my children


Hi,
Due to my wife's parents brainwashing on phone from morning to evening, she misbehaved with me in and unbearable manner and left my home two months back with my two daughters 3 years and 7 years old to Hyderabad. At beginning she allowed me to meet my children and now she and her parents are demanding money for the schooling of child and their maintenance. (The real intention of my in-laws are to get income from me as they don’t have any source of income from their two adult sons). Before leaving my home she promised me that she will come back and will allow my children to meet me. When I asked my wife the reason why she wanted to stay. She is telling all reasons that I reprimanded her and beated her and funny things like air in my native is not good roads are not good etc..
The elder child was already studying in her 2nd standard with all the fees paid in my native place (Kadapa, AP) in a reputed school. But my wife's parents forced the elder kid who is 7 years of age to join in a school in Hyderabad and threatened her not to meet me,  also the school is not allowing me even to speak to my child on phone as my wife's father has given a letter to them (just a handwritten letter) not to allow me. The school admitted my child without any single document nor school transfer certificate  saying its child right to education.


Now I am very much disturbed without even seeing my children(or at least speaking to them on phone). I asked my wife to handover my children and I will bring them up happily. But my wife's parents are using those two kids as a  ‘bait’ to get source of income from me and brainwashed my wife that they will marry her to another guy who will raise my children better than me. And my wife to her madness thought real and asking me for divorce from my side. I refused. Currently I am not working. I was working as an IT professional for the past 10 years.


My question is How can I get my right to go and meet my children at least see once in a month. I don’t want to pay any maintenance as there is no reason for that. And my children are not happy at my in laws? What should I do to be safe(not getting trapped in their false legal complaints) and be able to meet my children?


I  want to bring them to my native jurisdiction instead of going to Hyderabad and get trapped there.
Please help me as my local lawyers and not much knowledgeable here.
Date of marriage April 2010, Wife age 28 my age 38.


Regards,
Mohammed.

 

 
Reply   
 

Dear querist,

 

Your wife is not a kid that her parents have brainwashed her.

My question is why you want to live with women does not want to live with you?

If she has already said about divorce this tell her intention, file divorce in competent court or whichever form your personal law allow then go for guardianship.

 

 

 

Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

 
Reply   
 



Hi Deepak,

My wife is not a kid but she is so immature and scared of their parents that whatever they say she will nod her head.

She never wanted divorce when she was with me. And if I give her divorce, definitely my two daughters will be spoiled in her home and due to my wife's foolish decisions. 

The clear aim of in-laws are for money from me, they dont care even their daughter's life gets spoiled.(it is true). For such reason how can I go for divorce. My wife's father is cheat. 

Regards,

Mohmmed shaik

 
Reply   
 

U.issue a legal notice to her prescribing within15days to come &stay with u along with children's &to perform marital rights. If she neglects it then u file civil suit incompetent court pray for relief explaining situation with expert advocate .u also pray for custody of children's.if she refuses u contest in the court with giving evidence&seek justice

Total likes : 1 times

 
Reply   
 

Hi Shashi,

I for the past 7 months I sent two notices thru lok adalat with the endorsement of Principal session's judge. Instead of coming she filed a DVC under PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 ALONG WITH RULES 2006 section 12.

In that she (her father) prayed relief from mental and physical torture, dower amount and maintenance for her and her children and filed complaint in police station when I tried to approach with elder family members (senior citizen) for settlement and reconcilitaion. Her father did not give me chance to see my wife and children for the past 6 months.

I filed a suit for restitution of conjugal rights in both family and district court. But the both the courts returned saying as per muslim law 1937 article 11 I can file a petition for conjugal rights only in lower courts( I dont know what is meant by lower courts)

Speaking about the local advocates in my city.. They want to strech and lenghten the process and make matters more complicated so that they can bag more money. 

I believe that if the RCR had been sent in proper time without any delay from court and a child custodian (even for visitation) order has been passed at the right time. The relationship would be in retrievable state. 

Please guide me for a muslim, under what exact section I can file a rcr and custodian rights, atleast for visitation.??

Regards,

shaik

 
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