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Ravi Ranjan tiwary   14 May 2021

My wife left house with 3yrs daughter and living with someone

My wife 26yrs left my house with daughter of 3yrs from the house we have just shifted 20 days ago after every fortnightly quarrel due to joint family reaction and she can't listen to Sas supervision type attitude and even she don't will to interface anyone in his day to activities like calling every time, kitchen mistakes and house hold work irregularity and mistakes. After observing all this for 5 yrs appx out of which she live there in in laws house (Bihar), Finally moved to new house but from there she left the house with note about information that "akel rehne me kya dukh hota hai aap kya jano, aap hamesh apne parents to favour karte ho, hamesh responsiblity to bolte ho, mai apke jindgi ka kanta hu so kant nikal gaya, mai apke jingdi ka grahan hu so grahan khata ho gaya, mujhe mat search karna, mai suraksh*t jagah pe ja rahi hu, mere man karega to mai call karungi ya wapa aaoongi, apse bahut pyar karti hu but aap samajh nahi paye mujhe, aap financial problme me ho so paise rakhe ja rahi hu, ho sake to mera saman mere gav pahucha dena. Before 15 days to this we both have given written complaint in Police station, because i was feeling harassed for everyday, even my mother not ready to hear neither my wife and now even the neighbours had started saying leave from there. so i have shifted to my new house and after 20 day she left my house with daughter. One things i want inform here that since shifting there i was not sleeping with wife only morning and evening visiting there as i was anger and in Police station she had said she had fear of me and wan to live alone but after one day when new neighbours intervene then we decide to live and manage her food and living facilities there. Now the new coming from in laws indirectly that my wife is living with someone her ex, and even this is known to my In-laws about 1 yr ago even my wife threat to live house from in-laws but they manage to send here in Delhi in my house and then to go anywhere. the police inquiry also saying the 1600plus call out of 1200plus to same person with whom she is living with, Even her Mami was involve here as 400plus call were made to her. Now pls tell me what to do and what is best for me, why this hide and seek game were running, what is my right and how can be i safe guard to me, i am PSU working personal to may be my wife planning to earn money from me or other, i am totally puzzled and mind i stooped working at all, I have registered the missing complaint at PS and informed to in laws. now No call picking or information from inlaws. She left with 4L jewellery and transferred 50K in my bank also.


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 5 Replies

Arpita Chauhan   14 May 2021

Respected Sir,

Under whichever Marriage Act you have registered your marriage, under that act only you can apply for the following things in the Family Court which have the jurisdiction 

1. If you want to bring your wife back home you can file an appeal for Restitution of Conjugal Rights.

2. If you want to get a divorce, then you can apply for divorce and also make adultery as a clause if she has cheated on you with someone else. Adultery is a valid cause for divorce.

3. For your daughter, if you want the custody of your daughter. You can also apply for that.

I would suggest connect with a local lawyer and it will make things more clear for you.

Regards

Arpita Chauhan

1 Like

Sankaranarayanan (Advocate)     15 May 2021

First try to solve issues by amicable manner. if its not work out then you can seek remedy by way of file family case with the support of local lawyer..

Dr J C Vashista (Advocate)     15 May 2021

Are you aware where your wife and daughter are living ? 

Did you ever talked with your wife ?

What action did you take to bring her back ?

Too long a story to consider and oblige.

I agree with experts opinion and advise.

It is better to consult and engage a local prudent lawyer for appreciation of facts, professional advise and necessary proceeding.

sneha jaiswal   15 May 2021

ANS 1: Hello, Greetings of the day!
For the query you posted, I would suggest that:
a)    You may file a case in your district Court for restitution of conjugal rights to get her and your child back.
Restitution of conjugal rights- It is one of the reliefs that is being available to the spouses in distress in the establishment of marriage. It is maintainable for the valid marriage only.
b)    You may also file a case for the custody of your child.  
Generally, if the child is below the age of five, custody will be given to Mother of that child. But it is more dependent upon the ‘welfare of the child’ that who can better take care of the child. According to it, the Court decides to whom the custody of the child be given.
c)    Also, you can file a case for Divorce.
Divorce is the method of terminating the marriage between the spouses. A petition will be filed in the Court of respective jurisdiction or Family Court. If the spouses want to have Divorce with Mutual Consent than, the parties to the case have to prove that they were living separately for more than a year. If one of the spouses is having affair or any illegitimate relation than another ground which is available for divorce is Adultery.

Note: As you have not mentioned your religion under which Marriage Act you have registered your marriage. According to that Marriage Act, under which you have registered your matrimonial union by that only you can approach for the remedy. 
Lastly, I would suggest to consult a local lawyer, he/she will better help you with these concerns. 

Hope it helps
Best Regards,
Sneha Jaiswal
 

T. Kalaiselvan, Advocate (Advocate)     17 May 2021

You seem to have endured a long  and cruel marital journey so far and added to that  is her acts of adultery as stated by you.

Under this circumstances, if you consider that it is no more possible or feasible to continue with this married life with her  you can file a divorce case on the grounds of cruelty.

For adding the adultery as an additional ground you may have to produce documentary evidences  and also implead her paramour as another respondent. 

You may file a child custody case also and her acts of adultery would be a strong reason to decide the child custody case in your favor. 


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