Vembu (a) 31 May 2011

Mental cruelty

I married a divorcee with a femal child around 2 yrs back. i have a son of 1 yr old. my wife very often leaves the matrimonial house for even small small wordy quarrels. then after a week or 2 she wud be back. finally during december she walked out of matrimonial house stating that she will attend her relatives function and has never come back yet. she has taken my child even. she did not bring him for celebrating his birthday at matrimonial house even after repeated request. i have mailed her several times to come back and i get only reply to the mail but she has not yet come back. to my shock i came to know she has gone out of country with my son without even informing me. i am most humiliated and depressed because of this act and planning to file divorce under mental cruelty.

any suggestions from experts? is there a way i can clim the custody of my child.

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2 Replies

Saurabh..V (Law Consultant) 31 May 2011

@Vembu

First thing you should do is file an application for "Restitution" in the court. Also in the same application you can mention the behaviour of your wife and how she took away your child.

Here I would like to know if this 1yr old son is born with your wed-lock with this present wife or earlier marriage. If this child was born in earlier marriage then she has no right to take this child away, as it would amount to taking away of a child from the legal guardianship and may amount to kidnapping. Thought she has legally married to you and has attained the legal character as a guardian but still in case she get seperated or divorce, the custody of this child stays with you.

Hence find a laywer ansd with the above points in mind, you should immediately act now

//peace

/Saurabh.V

Vembu (a) 31 May 2011

HI Saurabh,

Yes the 1 yr old child is born to me. our marriage is registered. she got a leagl divorce on her first marriage. the female child is born to her first husband. 1 yr son is my blood. i would be able to file a petition on mental cruelty ..right