Inlaws not handing over minor child and wife
Rahul
(Querist) 04 October 2017
This query is : Resolved
My wife along with minor daughter has left us . We already send a leagal notice at her maternal place to come back since I am having health issue But my father in law said that since we mentally tortured her she has gone under depression which seems to be merely an excuse because I talked to my wife few days back she was well. My query is that if she is not fine as stated by her father and allegation regarding mental torture are baseless being a natural guardian of my wife and also of minor daughter what action I can take against them ??? Since I am in doubt that my inlaws are misleading her. They are not allowing me to speak my wife and daughter
Vijay Raj Mahajan
(Expert) 04 October 2017
File petition u/s 9 Hindu Marriage Act 1955 for restitution of conjugal rights. This shall be preventive step for you against any domestic violence complaint filed by her against you. You may be asked to provide monthly maintenance for both your wife and child. You should also seek custody of child being the natural guardian.
Rajendra K Goyal
(Expert) 04 October 2017
Husband is not natural guardian of wife if she is mentally fit.
Try to save marriage, try for amicable solution.
Legal step once taken may destroy possibility to save marriage.
Effort through elders / society effective people / family friends / your lawyer to arrive at the amicable solution.
Rahul
(Querist) 04 October 2017
My wife is working in sbi and since she left she is on leave. I asked bank how many days leave she has taken they are not giving any information. Allegation made by my wife and inlaws are as follows
During pregnancy we gave her biscuit to eat
During 1st trimester she travelled in bus
We took our 7 month old baby in Train instead of car
Capable boy does not keep his mother with them
We did her delivery in a very low budget hospital
She has to do house hold work like cleaning and washing utensils
You( husband ) go to inlaws house I (wife) will keep you in luxury
I travelled a lot with my minor daughter to my relatives places
Bacheee Ka naamkaran sanskar kiya wo show off Hota he
Hamari family ke beech me teesraaaaa nahi Ana chahiye
My mother is doing partially with her minor grand daughter though she is the one who was taking care oh her when she was in bank
All these allegation are nonsense and want divorce on these ground. It's her parents who are insisting for separation and divorce
How to approach police and court against their stupid allegation
Guest
(Expert) 04 October 2017
Don't you think that you have put quite a vague question without discussing the actual background of leaving your house by your wife and your own efforts to bring her back!
What is your hitch to visit the place of your in-laws to bring your wife and daughter?
Rahul
(Querist) 04 October 2017
This is the vague allegation made by my wife. That's why I am also worried and for your information this allegation she made on us infront of every one. She has made similar allegation on what's app messages. we did not told her to leave our home. It was the above allegation which she made on us and called her parents. They came and took their daughter saying That she need some change. After that they not picking up phone and not telling her location. They are only saying that I should not disturb them. They are threatening of police complaint.
Rahul
(Querist) 04 October 2017
This is the vague allegation made by my wife. That's why I am also worried and for your information this allegation she made on us infront of every one. She has made similar allegation on what's app messages. we did not told her to leave our home. It was the above allegation which she made on us and called her parents. They came and took their daughter saying That she need some change. After that they not picking up phone and not telling her location. They are only saying that I should not disturb them. They are threatening of police complaint.
Kumar Doab
(Expert) 04 October 2017
The last posts are pointers to dispute that may precipitate.
The allegations infront of others: that might be their witnesses and similar allegations on Whatsapp; may be an attempt to build record.
You alone would know what transpired and what made your spouse to take such steps.
The leave if long might be supported by medical certificate from specialist doctor.
Involve some more senior elders of the family, neutral well wishers, shrude negotiators that can remain amiable and gentle and bring about some prudent discussion and addess he grievances and resolve the dispute(s) and at the same time try and save the marriage.
Kumar Doab
(Expert) 04 October 2017
If everything has alreaby been done and everyone is convinced that spouse and her family may indeed file complaints with police and take penultimate actions; then try for MCD.
Spend quality time with a very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record.
And start building your defense.
The allegation and averments may have NO bound and limits.
One spouse may allege even; the other spouse wear red color garments; Chirane ke liye, and to cause mental irritation and depression and is cruel.
Your LOCAL counsel can handle such averments.
Sudhir Kumar, Advocate
(Expert) 05 October 2017
I can take against them ??? Since I am in doubt that my inlaws are misleading her. They are not allowing me to speak my wife and daughter
RCR is a time tested tool to compel wife to make ture/false allegation against you and have you with/without parents in thana or even in jail.
This forum is fuilly of such queries and you have already started moving in that directions.
You have full right ot spoil your life and equally full right to see reason and bend. Your own description gives indication that all is not well on your side too.
Sudhir Kumar, Advocate
(Expert) 05 October 2017
"I can take against them ??? Since I am in doubt that my inlaws are misleading her. They are not allowing me to speak my wife and daughter "
Action can be taken against you.
Guest
(Expert) 05 October 2017
Mr. Rahul,
In such type of cases, a person should better have thought about his own safeguard, rather than thinking of punishing the wife or in-laws. BUT, your question is quite strange and depicts as if you have some ego problem in yourself, if you expect that the in-laws should and are also bound to handover your wife and child to you. Your thinking seems to be like, as if your wife is a lifeless piece of property and you are the absolute owner of that property, which your in-laws have taken in to their possession illegally.
You have not stated what efforts you have done at your own level to bring her back by personally going to your in-laws house or even requesting her through email or courier to come back to join you and what was her response?
You have been telling only one-sided story thatf she has been making allegations against you. There must be some valid grounds of allegations, which you are not disclosing whereas you want to take action against your in-laws and wife, but without making a review of your own actions to know or discuss, where some serious wrong happened that she was compelled to leave you. If making allegations, there must be a probability of at least 50% of truth behind her allegations.
So, at first check that and if you are unable to rectify any mistake yourself or through your elders, discuss frankly here to get some useful advice from experts, if really you are interested to get her back. If not, the law in itself is more than sufficient to take you only to task for allowing such things to happen. In that event, you would be able to do nothing except repenting on what would have happened to you.
So, if you discuss the reality, only then you can expect some appropriate advice from the experts that too for your precautions to get yourself safe from the uncalled for adverse events that may happen against you, but not any means to punish them illegally..
Rahul
(Querist) 05 October 2017
Sir we had a arrange marriage through matrimonial site. I am in merchant navy and my wife in sbi and I am having permanent residence. Before finalising marriage we had made them clear that since I am having a private job and permanent residence I will not be able to move along with your daughter as she is having govt job. That time they agreed that she will remain at post of clerk only. After 3 months of marriage she took transfer to my native place which is just 3km from my place. After that my inlaws used to come and say u take a big car along with their daughter, u save money and do business with me then I said to them when I will have time I will do.soon after that my wife got pregnant and I went onboard for 5 months. During that period my wife used to send me messages that I should make budget of all expanses then I said that we are only 3 members we need not to make any budget. soon we were blessed with a baby girl. After signing of from ship I took my wife from her sister place and after that she started saying that you don't know about your mother she is a fake lady then I said it's ok you mange. After that she stated fighting with my mother and me saying that we are creating her wrong image in the society, I asked the reason then she showed me what's app jokes then I said to her that same messages I have received and it's normal. After that she started making small allegation like we don't love her, we are not giving any metropolitan facilities to her, same her parents used to say.all this went normal and I used to make her understand time to time. After some time she started saying that I am a greedy person and want dowery then I told her that I did not took any money from you then she said your mother is telling me that some 3rd person got car in marriage etc etc then I confronted her saying that this does not mean that we need car or dowery. That went also normally. After that she started saying that due to hectic schedule of bank she will not be able to do house hold work then I said I will do all work till I am here. Then she stated saying that you and your mother do partiality with minor daughter then I again confronted her saying that during banking hours we are taking care of our baby then how you can blame us and more over you are taking 3 to 4 hours tution after coming from bank and not paying attention to baby then she faught with me and my mother. She called her parents they she want divorce and can't adjust any more. They told her to leave our house. We did not gave our daughter to her as She was dependent on bottle milk. After that her uncle came and took her with them. After that she came after 3 days and took our baby in presence of our family members and with her parents. Before leaving our house she said she will come back after 15 days and need some change.after that she has stopped receiving my calls, her parents saying that we mentally tortured her and she's is mentally sick they will take care of my baby and my wife. I confronted them saying that if she is sick then let me know I will take care of her but they are not telling me her location. I messaged my wife on what's app to come back but she is reading the message but not replying. her parents are saying that we will take some decisions and they are mentally disturbed due to their daughter. So their activities seems to be suspicious because they are more interested in divorce than my wife when I asked them you let me talk with my wife they are denying. Kindly advice what to do in this situation since I don't want divorce and want to bring my wife and my minor daughter back
Rahul
(Querist) 05 October 2017
I have tried to make her understand on what's app messages from past 4 months but no result. I already asked my wife that whom you are having problem then she says with my mother and when 3 person is asking whom you are having problem she says with husband. Fact is that she herself don't know what is the problem some time she says we have low mentality and want to live separate some time some another reason. Some elder member tried to make her understand but they also got frustrated on allegation made by her because whole society around us is saying that we did not heard any laud voice or physical violence in our house during our marriage time.
Rahul
(Querist) 05 October 2017
So what would be the best option
Ms.Usha Kapoor
(Expert) 06 October 2017
Involve neutral well wishers of both sides at some place and see whether your wife is willing to join you if she still has any positive feelings of love left in her towards you an tell her you still love her and tell her that both of you along with the kid would start life afresh forgetting all bitter feelings and incidents of the past and give her some time to think over this. If she agrees then there is nothing like that.. Else apply for Mutual consent divorce with your wife's consent which is the quickest mode of divorce and can be disposed of within 6 months or even earlier if there ifs irretrievable breakdown of marriage as per many decisions of the Supreme court.You need not pay any maintenance to your wife but will've to pay maintenance or settlement of some family property in the name of your infant daughter.
Sudhir Kumar, Advocate
(Expert) 06 October 2017
You have already proceeded far.
Your recent post is emotional. It prima-facie conveys that the difference is between mother and wife.
In India mother of boy is always right and wife and her parents have a duty to be proved wrong.
It is your life you have a right to spoil it or mend it.
You seem to have a chance to shed ego and take "U" turn.
Rahul
(Querist) 06 October 2017
Thanks for the suggestion but I have been with my mother and wife for an year out of 1.5 yr. marriage.I am also the sole witness whether my mother or wife is wrong. If mother can be wrong then wife can be wrong too. My wife infront of me saying that what ever your mother do is just to impress you and society. Though all the work like infant baby care, all house hold work my mother is taking care off. My wife enjoying her bank work well. If suddenly wife start making allegation along with her parents, how being as a son who is 30 yr with her mother can believe wife allegation.My mother did not uttered any bad words to my wife or any member of the society till present.
Dr J C Vashista
(Expert) 08 October 2017
@ Rahul,
What is your legal problem?
Your profile has such numerous questions as:
1. Rahul replied to a query in Experts
"Inlaws not handing over minor child and wife"
a day ago
2. Rahul replied to a query in Experts
"Inlaws not handing over minor child and wife"
2 days ago
3. Rahul replied to a query in Experts
"Inlaws not handing over minor child and wife"
2 days ago
4. Rahul replied to a query in Experts
"Inlaws not handing over minor child and wife"
2 days ago
5. Rahul replied to a query in Experts
"Inlaws not handing over minor child and wife"
3 days ago
6. Rahul replied to a query in Experts
"Inlaws not handing over minor child and wife"
3 days ago
7. Rahul replied to a query in Experts
"Inlaws not handing over minor child and wife"
3 days ago
8. Rahul asked a query in Experts
"Inlaws not handing over minor child and wife"
3 days ago
9. Rahul asked a query in Experts
"Child custody "
15 days ago
10. Rahul asked a query in Experts
"Minor child custody"
21 days ago
11. Rahul asked a query in Experts
"Harassment from wife and her parents "
22 days ago
12. Rahul replied to a query in Experts
"Harassment from wife and her family members"
22 days ago
13. Rahul replied to a query in Experts
"Harassment from wife and her family members"
22 days ago
14. Rahul replied to a query in Experts
"Harassment from wife and her family members"
24 days ago
15. Rahul asked a query in Experts
"Harassment from wife and her family members"
25 days ago
16. Rahul asked a query in Experts
"Ancestral property "
4 months ago
Sudhir Kumar, Advocate
(Expert) 08 October 2017
It is your life. You have a right to spoil it by entangling your marriage in legal matters.
In Indian mother of husband is never wrong.
Guest
(Expert) 08 October 2017
Mr. Rahul,
A very simple solution for you to save your marriage is to learn the tactics of maintaining checks and balance between your wife and mother. No other solution will work.
