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Parash (S/W dev)     23 May 2016

Wife left home and children, 8 year boy and 3 year daughter

My (brother's) wife has married since 15 years but managed 15 years anyhow to believe one day she will be improve in nature and use his own mind instead go through court etc. She's nature is cruel and also to kids too, hits the kids many times and forced to do any act by giving threatening of suicide and leave the homes with kids. Because of support of her mother (main villain) and her brother's threatening to my bro and my family to bind you all in wrong cases we followed her and obeyed her all demand like, We lived together in joint house upper my brother and lower me but due to her many times lie attempt of suicide for out safety, I lived separated in flat by taking home loan and give my lower room on rent. Now issue is her mom filled her ear with taking all property/house on her name and threated my brother otherwise she would left home with kids as usal. But this time my brother do not agree and she really left the home with kids with her mother. Now her brother is giving galis and abused word to my brother on call, we have recorded and also recorder her cruel behavior too and wanted to kids back and threated now he will bind us all , my family too in wrong cases. Kids are 8 year boy and 3 year daughter. We have informed about this to left home with kids to local police station as "kaachi arji" Que 1 : Should we give the kids to her mother ? but she is not good mother. Que 2: If my brother not want to return kids and if she along with her brother come to take kids or take when we are not near by them and file case on us like we lost kids or kidnapped then ? what are safety action so her's false cases will be wrong ? Que 3: We heard that she will be file case like my brother has forcefully carried out from home along with her mother and keep kids with him. Que 4: We have some recording of her cruel behavior in voice, his brother call of threatening and some neighbor witness about her nature. Should we file divorce and get it soon if we proof that this lady's nature is not good in nature and not good mother ? Please advice for safety actions


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 31 Replies

Vijay Raj Mahajan (Advocate)     23 May 2016

Divorce good option. Seeking complete custody of children also good second option. Your brother has recording of communication between the parties and witnesses of neighbour as well relatives. Police informed of her leaving home etc. There is good enough evidence to move family court for divorce immediately.

SAINATH DEVALLA (LEGAL CONSULTANT)     23 May 2016

"WIFE LEFT HOME AND CHILDREN WITH HER MOTHER"

Are her whereabouts not known? Maternal grandmother has no right to claim custody of her children in mother's absence.Father has absolute custody rights of the children,when the mother has deserted.

Parash (S/W dev)     23 May 2016

@SAINATH DEVALLA : My brother's mother -in-law came to put her daughter after vacation to home back and on some matter his mother-in-law said keep your kids with you i will go with my daughter and my brother's wife left home and kids and went with his mother since 5 days. We have informed about this to local police station. Now his brother is now threating us by wrong case file like my brother forcefully carried out her and his mother-in-law from home and did not give kids too. Don't know they have file case or not or just threaten us.

SAINATH DEVALLA (LEGAL CONSULTANT)     23 May 2016

Its better the matter gets settled within the family than going public and running after police stations and courts.


(Guest)

In 15 years you did not understand what to do with this headache, now you sek solution? Take mutual divorce, these ramayans never get over till you are alive. go for settlement, pay her what she wants, get rid of the kids too, and lead peaceful life, 15 yars you suffered, contesting all cases another 20 years you will suffer, by that time you be almost dead, so better late than never.  Be happy that they are gone, you go for settlement.

Parash (S/W dev)     23 May 2016

We had settled down previous her fights 100 times, but no improvements, if we again settle down than something wrong may happens next time  that i am sure like she previous attempted just false sucuide to threaten us. She told brother to stay with him on condition like name the home (joint property) on her name otherwise she will left home with kids

She's nature is cruel and brother is cleared harrassed e.g. bring money from your brother (me) , your mom ,sis should not come to my home etc. so brother have now decided to divorce her but also we threaten as they might theaf kids from us and file any kind of wrong cases.

We have audio clips of his cruel nature, hitting of kids, call record of her on phone saying "why u did not stop me while i left the home and kids",  call record of her brother threating my brother for cases and giving galies.

How to get divorce from her. Is it easy to get earlier on this evidance

SAINATH DEVALLA (LEGAL CONSULTANT)     23 May 2016

Dear 'WITH AGE COMES WISDOM"

The querist is the brother of the victim(husband) UR reply is irrelevant and objectionable as the contents penned are not providing any solution to the aggreved.U are also advicing to get rid of the kids,its inhuman.

Hence always try to add value to UR suggestions which couldbe helpful tothe needy.i presume U R new to the forum and hence this advice.

SAINATH DEVALLA (LEGAL CONSULTANT)     23 May 2016

Don't act in a hasty manner without visualising the future legal complications.Meet a good local family lawyer and sort out the course of action.Any wrong step from URside may invite criminal cases from her and her mother.


(Guest)

Dear Sainath,

Yes I am new to this forum and I have had experience in law field for more than 20 years now.

 

Somewhere I read in this forum you claiming to have 35 years exp in legal field, but what kind of advice have you given? Look at that.  Children are already old enough, 8 year might come and live with father if it wants, but 3 year old will stay with the mother.

What is mother's health, will she be able to look after 3 year old baby, what role of her parents?  All these matters to get decided will take many years.

Dont you know the famous cricketer Anil Kumble case? and the custody circus he and his wife did?

With the great experience you have you could have advised better.


Your advise will only make the solution seeker to go stand in court for a good 2 decades.  Dont you know it?

 

Anyway what you suggest and I suggest, finally it is the solution seeker's take whose advise to take and not take.

 

Usually all such people come here as friend has problem, brother has problem, my friends wife has problem etc etc.

Parash (S/W dev)     23 May 2016

Question of "'WITH AGE COMES WISDOM" is valid what did for 15 yeas, the reply is just Good HOPE, not spoil of both life and kids, stay away from court and lost money, time etc but all plans fails now. If she's ready for settlement than we might be ready.

@ Sainath : we are consulting local lowyer, but as per elders said we will not file case first, let them do anything like file case etc. we will not bring her home and if we get divorce than we are ready.

What should be the legal action next , as we have audio clips , can't we get divorse soon ? we keep kids and give maintanace only of her.

 

SAINATH DEVALLA (LEGAL CONSULTANT)     23 May 2016

See that arrogant member has deleted his account for his abusive reply.

Well dear querist, One thing U have tokeep in mind is the future of the kids,which is very important and vital.Their future should not be at stake because of the acts of their parents.All these happennings will certainly have a bearing on their mental attitude.Hence even the father has to be careful so that the children will not pay for their parents misdeeds.

 

Parash (S/W dev)     23 May 2016

I understand the futuer of Kids and if kids will keep with mother than of course kids will not have good manners but with father kids may be educated well.

So what should be solution to this case ?

Dr Martin Campbell (Doctor)     23 May 2016

One cannot simply put blame on the wife and behave saintly, remember it takes two hands to clap.

What could not be repaired and fine tuned in such long period, cannot be expected to change overnight.

For children both mother and father are important.  But looking at the situation, it is advisable for the man to go for settlement and decide about kids ownership and cusotdy/vistation rights if any later.

The entire package of 498a + will itself drain out the remaining life of the man.

Proofs etc all are a futile exersise, marriage stand on trust and love, once when matters are worse, its better to part like gentlemen than listen to unfaithful money seeking lawyers and go round and round the bush (court). 

Dr Martin Campbell (Doctor)     23 May 2016

I agree with Shri WITH AGE COMES WISDOM'S advice and also Shri Sainath.


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