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Karan (Engineer)     02 October 2015

Threat from wife

hi experts,

My wife left me and my kid (4.5 yrs) 3 months back, since then she was continuously trying to unite with me. Due to her dominating nature I cannot take risk of living with her again. I was asking her to settle the matter by MCD or giving kid's permanent custody to me.

Yesterday she arrived at my house and was entering forcefully. I took her to local police station and requested polic to intervene as she came without notice and could do any thing with me or my parents. Police was supporting her so I had to handover kid to her for meeting with her for few days. She left to her relative with the kid in the same city. 

We were suspecting some kind of threat from her so we left the city and came to native place today. I need your help for the next action. I am not ready to live with her. I want to shape my kid's future and want to go for second marriage. At this moment I am thinking of giving an application in police station stating that she came to fight with us and kidnapped my kid also. please suggest how I can be safe in this situation and how to make her agree for MCD. 

thanks Br//Vinod



 9 Replies

KS Johal   02 October 2015

You said she kidnapped my kid is the kid with you or with her? When did you get married? and have you been living with her since then?

saravanan s (legal advisor)     02 October 2015

was she so cruel to you that you dont want to join her inspite of her continous attempts to join you and your kid and lead a family life.i request you to think twice before you act.you got a child who is just 4.5 years old.how do you expect that you can compenstae the child for the love and affection he would get from his mother that too when you are ready to do a second marriage.

you cant prevent your wife from coming to the matrimonial home as she has all legal rights to enter and also to meet your child.police were right in their actions

if you are so apprehensive that your wife might file false cases on you and your parents then file an nc in the police station regarding that.

i doubt that she would agree for mcd given the stand that she is willing to join you in matrimonial home.then there would be no option left to you other than going for a contested divorce which will run for years and which would ruin everyones future including your childs future.

SAINATH DEVALLA (LEGAL CONSULTANT)     02 October 2015

This is an extention to Ur previous query a month ago"WIFE DEMANDING TO MEET DAUGHTER".

One thing is that U cannot restrict her from entering her matrimonial house.Just 3 months since she left Ur house along with the kid,the police or anybody else will support her only.When U handed over the kid in the police station,how do U intend to file a kidnap case against her.Mother has every right to take a boy aged 4.5yrs with her,U cannot deny.As U have not mentioned the reasons for the differences,I would not focus on that aspect.

If the disputes are minor in nature and could be settled amicably try for a reunion at least for the future of the kid.

AS   02 October 2015

I will not go into waste emotional discussion and advise you ....

I suggest you that what you are thinking is 100% accurate ...Before she filled any case make a complaint that she has stolen money from your house and try to add IPC 323 to it ...

Dont mention She kidnapped your SON or Daughter ....Judge will blast on you for this ...

 

MPS RAMANI (Scientist/Engineer)     02 October 2015

AS is probably a 498A victim. He thinks the environment in the whole world would be like his own. He woudl not go into emotional discussions. Is he a stone or an animal? Even animals have emotions.

prabhakar advocate (advocate)     02 October 2015

sorry, HMA does not say "dominance" is one of the grounds for giving divorce.  Similarly, IPC also does not say, a mother who takes the custody of child of 4.5 years is "kidnapping".  Your arguments have no legs to stand.  You will come to know of this in hardway, when you brush the law on wrong side.

SAINATH DEVALLA (LEGAL CONSULTANT)     02 October 2015

Mr.Karan,

After all the child belongs to both of U.Her desertion is only 3 months,no legal substance.What made her to do so,only both of U know.Don't visualise too many things now.U say U have given the kid at the instance of the police,U accuse her of kidnap.Mother has a right of custody of a male child till he attains the age of 7,and after that it is left for the boy where to stay.

MPS RAMANI (Scientist/Engineer)     06 October 2015

Your own narration makes me suspect that you are in the wrong. I think your parents are selfish and they think about themselves and not about the future of their son. What is this dominating nature? What is wrong if she tries to dominate  and dominates over you. My wife dominates over me,  we have celebrated our golden jubilee and are happy. She wants to come and live with you. You are asking her to go away. What is this coming without notice and  forcibly (not forcefully) entering the house. She is your lawfully wedded wife and mother of your child. Has she got to take an appointment to meet you? Your house is her home. When you say she forcibly try to enter the house, it means that she came into the house and you and your parents threw her out. From your narration it appears that she came from a different city. When she travels and comes from a different city, if you do not allow her to enter the house where will she go?  A wife is a very very important person in one's life. You bury your ego and get her and your child back. If your parents are against it, ignore  them. You act on your own. If your parents object you move out, hire a separate house and live there with her and your child. Be wise.

Actually husbands and in-laws like you only justify 498A.

MPS RAMANI (Scientist/Engineer)     07 October 2015

If you want to divorce your wife, during the interim period or even after you get divorce you will have to give her a decent shelter in a decent locality, which means a house where she can live with dignity. The child also will be with her. You will have to give her interim maintenance. The case can take years. If you do not allow her in your house she can file a complaint and the law enforcement authority can  force you to take her until you give her a separate house. Gender laws are pro-women. But such laws appear justified in cases like yours. If you had a quarrel with your mother will you throw her out? A wife is no less a person than your mother. I respect my wife.

If you marry a second time your married life will not be same as before. She cannot be mother of your child. Are you sure your second wife will not dominate over you?


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