Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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MRRpersonality (Knows very little about Indian laws)     26 April 2012

Moving petitions from the wife's place to husband's

Hello experts!

We lived in USA for around 14 years and returned to India recently.  My wife and I were married for 15 years and have a child who is 9 year old.  My father-in-laws family had benefitted financially from my help over the years and has misused the help.   After realizing the misuse, I have stopped any further financial assistance to them.   Right after stopping any financial gains from me,  my in-laws have started interfering and creating rifts between me and my wife.

Upon return from USA, my father-in-law came from their town and took my wife away promising in front of few other people in Bangalore that he will bring her back in about a weeks time.  

After reaching their home town, my wife stopped responding.   In about a month's time, she filed a Conjugal Rights petition claiming harassmennt, abandonment etc and that I should take her back.   She also failed another petition for Maintenance under CrPC 125 claimining exhorbitantly huge incomes.

My son continues to stay with me during this period and he is also attending a school here.  He is having his own troubles adjusting to the new social structure, culture, weather and school.   He is seeing cousellors to help him out adjusting to the new environment.   As such, I am spending lot of time to take care of him and his needs apart from my regular job.

In addition to the above two petitions, my wife has also filed petition under Guardianship act claiming that my son lives with her because he has more love and affection towards her than me,  and that he is continuing to live with her. She also claimed that I am forcibly trying to take him away either to Bangalore or USA and would ruin his life and career.   She may have done it, both to claim a higher maintenance and to keep my son with her.

I am in a very bad situation because I am new to India (having returned from USA just 5 months back), and to work. Being a technical job, my job requires significant ramp up and hence can not travel to a remote place every month to attend the court cases.   Secondly my son is attending school, and he wants to stay only with me.  He is also going through couselling to get himself comfortable with the transition from USA to India.

I am ready to fight all the cases.   My wife lives in Andhra Pradesh in a remote area.   She is currently not employed and her father is a retired government employee.   It would actually take 2 days to travel to their place and it would take away atleast one week for every visit.  I live and work in Bangalore, Karnataka.

My question is,  is it possible to approach Supreme Court requesting them to transfer the petitions to Bangalore court on the grounds that 1)  I work here, new here and have my responsibilities towards my work 2) Child is young, 9 year old and goes to school and going through couselling etc.  3) That she is currently unemployed and her father is retired and it would be easier for them to travel to Bangalore than me and my son.   Can there be some grounds to achieve this ?   Has there been any precedence for this kind of petition ?  

Thank you and appreciate all your opinions.



Learning

 9 Replies

Adv. Chandrasekhar (Advocate)     26 April 2012

You consult a good advocate.

1.  She filed Restitution of Conjugal rights (RCR) case.  For one time you go the court where the case is pending along with your advocate and give an undertaking that "you are ready to take her back without any precondition".  This statement will have three effects: (1)  After this statement, the RCR case becomes infructuous and the court will direct her to go to matrimonial home. (Some advocates correctly say that such statement will put you in bigger trouble.  If she accepts your statement and comes to Bangalore and stay with you for a short period and later on may file DV Case and S.498-A cases, then it is bigger problem.)  (2)  Child custody case will be filed where the child ordinarily resides and it means it is Bangalore.  You engage an advocate and send him to A.P. to contest this case on the ground of territorial jurisdiction.

There are remote chances for you to get the RCR case transferred to your place by filing transfer petition in SC. There are bright chances for transfer of child custody case, as A.P. Court has  got no jurisdiction in the matter.   

1 Like

MRRpersonality (Knows very little about Indian laws)     26 April 2012

Thank you so much for the encouraging response.  Is that affidavit "ready to take her back without preconditions" applies to both of us or just to one party ?   She had put in many averments in the petitions so would that amount to accepting her allegations ?   She also filed Maintenanace petition and would the same response hold good for that petition as well ?

 

As you correctly mentioned, it would be very hard for me if she accepts, and the chances of her accepting are high for the same reasons.   She would want to take my son away forcefully so that she can blackmail me and harass me for her financial benefits.    It would be very hard for me to support her parents financial demands from time to time.

 

Thanks and appreciate it!

manish (cdsdfasd sdf)     26 April 2012

Hi,

Petition under Guardian and ward act can only be filed at the place where the child resides. So you need to file your own petition to the court near you saying that your child is with you and has been abandoned by your wife and you need full custody of your child. Give all your love to the child - since he is around 9 the court will definitely ask him his views. Poor child but this is the way many women of this country are going forward. They try to use the law to their benefit but ultimately they realise that its quicksand..

your transfer petition for RCR will not bee entertained or it will be not allowed even in Supreme court. As far as RCR case is concerned, i dont think its going to effect you much.

If you say you want your wife back and if she comes back, she might sneak off with your child and you will lose him for ever. I am saying this from experience. Also she will file dowry case and DV etc and make your life miserable.

you are lucky your child is with you - protect him and give him all your love. also under GWA - if you plan to contest the case in her hometown, you should ask the judge to ask your wife to produce the child in court and she will then be proved a liar.

Contact save india foundation chapter*(SIF) in bangalore. This is a group of people with similar problems like you and its a free group. Money is not solicited or given. You will get good advice. get their numbers from the website - you wont believe the help and support you will get from this group.

 

 

 

 

1 Like

manish (cdsdfasd sdf)     26 April 2012

also the court cannot force you to live with your wife if you dont want her. so even if you lose rcr you dont have any issues except you have to pay maintenance which anyway you need to pay even if u get divorced till the time she doesnt get remarried (great law of india)

you are lucky that your matrimonial home was in USA - otherwise she would have very well demanded to stay in your property too.

1 Like

manish (cdsdfasd sdf)     26 April 2012

@rao, if this is your real name, stop using it becoz you dont want people to know the strategy you are going to use.. She or her relative may be monitoring your posts - its a long shot but you need to be careful using the true identity

1 Like

MRRpersonality (Knows very little about Indian laws)     26 April 2012

@manish:  thanks a lot for your advises in the posts.  They are very helpful.  Can you tell me the difference between winning the RCR or losing the RCR ?   I will have to contest her claims, but we wont know the outcomes.  Can the court order me to take her to my home ?   Does such an order means a decree in her favor ?   Decree in my favor means that the court has found her allegations wrong and I do not have to take her to my home ?  

Anish Thakur 7018812737 (advocate)     26 April 2012

dear in no such condition this petition can be moved to banglore as per the circumstances and facts of the cases and regarding the custody of child you can continue it as you are weel settled and looking after him from time.

1 Like

MRRpersonality (Knows very little about Indian laws)     12 January 2013

Thanks a lot @Tarun for the favorable judgement.   I am fighting transfer case in SC, and this judgement will definitely help me.   Also, the situation is not be that bad for husbands fighting transfer cases if they do not lose hope. The issue is decided on merits, not because it's a woman.


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