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Akshay Khanna (Middle Management)     20 August 2011

Divorce help

My wife walked out of the house, to her maternal home in pune, after an argument in march this year. She moved away with our 6 mnth old daughter and also most of things belonging to her, leaving behind some utensils, suitcases etc, besides the agony and emotional trauma. She didnt change her mind despite my tearful requests (I donot cry easily otherwise) to not make our daughter suffer in all this. I repeatedly tried to talk to her every day since then, but mamaged to do that only on 3rd july. In btwn, her parents went to their other son (one died due to heart attack in '04 in US) in US for 2.5 months and she didnt come back to her house, rather stayed with her masi at hydbad and later alone in the pune house (maternal home). Never bothered to let me even speak to our child, not even shared our child's snap (thro MMS on cellphone). Her ultimatum on 3rd july was that if i want my family, i shld leave my job in mumbai and come to pune, to which i kept quiet. She has refused to hook my calls since then and so have her parents. In fact, when in my in-laws place on 3rd july, her father told herr in marathi that i shld be told to take away all my stuff wic was there (my clothes etc. ). She came unannounced on 17th aug to mumbai , @ 945 am, fully aware i wld be at work and my 61 yr old diabetic mother wld be all alone in the house.  She came with her bua (atya) and offered no regards to mum, rather in a hurried fashion (how thieves and vandals behave) skimmed thro all the almirahs / cupboards etc. and besides taking her stuff, tookmaway all of my investment papers , lic policies , income tax returns etc. She even had the audacity of asking my mother as to where is all da gold . silver given to her by her parents.

Her crude / uncalled for / atrocious / inhuman behaviour has completely shocked me and my family , as till now i was always believing tha tthings would change for good. I did call for police that day but they mixed up the address and went to some wrong place. Please advise as to how i should approach this issue. I am done with my marriage and want a way out , with the custody of my daughter as my sole aim now.



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 3 Replies

Srinivas.B.S.S.T ( Advocate)     20 August 2011

Dear Akshay,

 

I am sorry to say that the chances of getting the custody of your child during her minority are very bleak. Coming to the point of your matrimonial issue, you have two options, that either you file a petition for restitution of conjugal rights or a petition seeking divorce from your wife in either case you can file a GOP seeking custody of your child but as i have said earlier the chances of getting custody of a girl child from a mother is very bleak. Contact a local advocate for further course of action.

 

Regards

Srinivas BSST

Akshay Khanna (Middle Management)     20 August 2011

Many thanks Sir. Please advise if you have any local advocates whom i can contact and take it forward. I have been in mumbai since 2003 but have never needed one and neither are my friends personally known to some good lawyers. Any help in this scenario would be much appreciated.

Srinivas.B.S.S.T ( Advocate)     20 August 2011

Please avail the search option in this web site.

regards

Srinivas BSST


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