Upgrad LLM

wife

Retail Manager

My wife went to her parents house in Nov 2010 as she was pregnant . her parents came and took her away on the pretext that the delivery of my wife will take at their place and they will bear all the responsibilities and expenses of the delivery. Fair enough. Now my wife delivered a baby girl 1 month back. now my wife shows no interest of returning to her matrimonial house with the baby and she told me that she will join service at parents house. she told me that she will not give me divorce nor she will claim any maintenance from me. but no one never knows. if she at all change her mind and file maintenance CASE(Crpc 125) or DV act in future. if she at all change her mind by instructions from her parents house. IS IT A LIFE THAT SHE WILL STAY WITH THE BABY AT HER PARENTS HOUSE. I`M AT MY HOUSE. WHAT UPBRINGING OF MY DAUGHTER WILL BE? IT WILL HAVE AN ADVERSE AFFECT ON MY DAUGHTER AS SHE MISSES HER FATHER FOR NO FAULT OF HERS. JUST FOR HER MOTHERS ATTITUDE. I lost my father recently. my mother is old aged and sick. widow. under these conditions if my mother would have seen her granddaughter then she would have get little bit of mental peace. under these situations its the duty of my wife to stand beside me and by my mother and give all necessary support as she is a memeber of our family and not to her parents family now as our marriage took place under Hindu marriage Act 1955. My wife have certain responsibilties towards me and my family. if she stays at her parents house forever then why shall i send money for her. i`m ready to bear all responsibilities for my mother,wife and daughter. for that my wife must return to her matrimonial house immediately which is a natural syatem in our life in country like India. Did i say/ask anything wrong. if i`m wrong pls make me correct. What is my fault under these circumstances. But still the law will give advantage to my wife if at all the matters goes to the Court.

Pls advice me and help me.

 

Thanks

 
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Senior Partner

@ Author

You put forward before general public a very good reasoning in your last sentence of the said brief;


"What are my fault..... !"

 
Well, few assumed faults are as follows;

1. Did you file a police report that wife though left for delivery of child to her home but inspite of your request she is not joining matrimonial home post delivery nor showing to natural father and only surviving granmother the face of the child hence kindly help ?

2. Did you send a open RPAD letter of request to your wife to allow you and your widow mother to meet / see your new born baby atleast once?

3. Did you send a open RPAD letter of request to your wife to return back to matrimonial home with new born child?

4. Even if In Laws offered maint. of pregnant wife and upkeep of new born child did you offer or sent money order to your wife as per your status for her post pregnancy related upkeep as well as new born special needs?


Now these are some of 'faults' which concerned Court will be quick to point to you whenever and whichever date she ever files any civil and or criminal suit against you.


The remedy is inspite of knowing shortcoming of Family Law as expressed logically in your brief you are suggested to call for neutral parties intervention to break the impasse going on between you two. Make few real efforts for reconciliation on evidentry records basis and if all efforts fails then the safest Application that you must file asap is for visitation of child for yourself as well as on part of grandmother but do keep sending her maint. money till she raises 'demand".

 
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Retail Manager

To Tajobsindia: WHAT ARE MY FAULTS

 

1. I`ve not report to the police station  as i dont want the matter to go to the court or police station. Moreover police dont accept such complain untill one does have a strong influence or political support. this is the hard fact in our society today.

 

2. I`ve sent atleast 7 letters , 40 SMSs and phone callssss requesting/asking my wife to return to her matrimonial house with the baby. Even my mother also asked her to come back. But she dont want to come as she is more interested in joining service at her parents house than to do family. She told me that if i and my mother is interested to see the baby then we have to travel 400 kms and more in different state to her parents house. Thats is not possible for my mother who is 72 yrs old aged and sick widow. My mother is mentally stressed as she lost her 52 yrs Old life partner (her husband - my father) recently. My mother dont go anywhere not even to our relative house.Due to this attitude the atmosphere betwen two families have deteorated. Whats the gaurantee that if i and my mother goes to my wife parents house then shall we be allowed to enter their house. they might put false allegations of stealing or creating trouble in their house. no one never knows.

 

3. Ref to point no. 2 i`ve sent her atleast 7 Letters, 40 SMSs and phone calls asking/requesting her to come back. Pre delivery i used to send her money by money order regularly. She didnt ask any money from me though. i send on my own. ("rupaya bhejne ki koi jaroorat nahin" she told me). During delivery i went to her parents house. I spent 4 nights with my wife at the Hospital. Though my inlaws were ready to bear all expenses for the delivery and also responsibility then also i paid 50% of the Hospital bill by cash as the hospital was not ready to accept payment by cheque or by credit card. the bill raised by the hospital was in my wife (patient ) name. I couldnt stay for more than 5 days as my office were not ready to grant leave at any cost for more than 5 days.Thats the last time i saw my daughter who was 2 days old then. My mother have not yet seen my daughter nor my relatives.

 

4. Post delivery i`m sending her money by Cheque and by Money order. Though she didnt ask money from me till now but she neither refused my money tooo which i`m sending for her and for the baby. She didnt gave her bank A/C no. or Branch . Anyhow i managed to find it out(WHERE THERE IS A WILL THERE IS A WAY). I prefer to send her money thru online transfer rather sending by money Order which takes around 15 days to reach. But the question here is HOW LONG SHALL I SEND HER MONEY? if she joins the service there at her parents house thats means she will not come back to her matrimonial house. Thast exactly what she and her parents wanted. That she will stay there with her parents , baby and service. i`l be staying here and i have to do the duty and bear all reponsibilty of my wife and the baby. But i cant enjoy my fatherhoodness. for that i have to travel 400 kms to my inlaws house. She will not give me divorce also.SO IS IT A NATURAL PROCESS TO LEAD A FAMILY LIFE? I`m cooperating with my wife by all means but she is not.

If she joins the service then does she eligible to claim maintenance from me??  

 

I dont want to go to the Court as far as possible. but that will be my last option. Even i told my inlaws that they should make their daughter understand. But my inlaws on one hand is tellling me that the entire decision is at the discretion of their daughter9my wife). On the other hand they are telling their daughter not to return to her matrimonial house. I dont know what will happen in future or what will happen in Court. But the way my wife is behaving one day she have to repent for her attitude because truth always prevail in the hands of God. There is no one above the law--  CORRECT but except God and Humanity...

 

Still I`m at Fault.

 

Thanks

 
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