Legal Question in Family Law in India

Good Evening Sir/Madam,

My name is Jasmeet and am seeking your expert advice in a matrimonial issue.

I am married for almost 15 years and have two kids aged 9 and 13. While the younger son is in fourth standard, the elder son is in eighth standard.

A couple of weeks ago, I had an argument with my wife. Things went bad and I had to call her uncle (Mama Ji) to explain the matter. Please note that my father-in-law expired 2 years before our marriage and since then, my mother and brother-in-law have been living with my wife's mama ji.Mama ji told me to send her to their home for a few days so he can understand her problem. Her brother came the next day and took her and our sons.

While leaving she said she'll be back in 3-4 days, however, it's been more than 3 weeks and she has not returned. She left for Mama ji's home on 18-June to be precise. Mama ji tried to make her understand her mistakes, but being arrogant and in depression, she left mama ji's home and moved to her sister's home on 20th June 2016. Since than she has been staying there.

She has filed a domestic violence complaint against me in the CAW cell. I got the notice and went to CAW cell yesterday to discuss the complaint. They have now advised us to be available at the 'Mediation Center', Dwarka court on 19th July.

My kids schools opened on 27th June 2016, but they were unable to attend the school as she is unwilling to return. After a lot of push and after paying school fees online, today (13-July-2016) is the first day when my kids have been sent to school. They have to now travel almost 20 KMs each side on road to attand their school. This is very tiring for them and they end up spending more than 3 hours on road every day. Apart from that, they are now missing their tuitions and cricket coaching.

Moreover, kids are staying in an environment which is not good for their mental growth:

1. My wife as well as her sister are depression patients. It's heriditeray.

2. They are being fed with negative talk all the time

3. They are missing their studies and hence adding a lot of unnecessary stress. They actualy missed their 3 exams in more than two weeks they were absent.

4. They are missing the extra curricular activities like cricket coaching

5. They are missing their friends and the daily play activities.

6. They offcourse are missing their father's love and guidance as well as financial support for daily expenses and lifestyle they deserve.

I have asked and requested my wife several times to come back, but she is adamant.

Please advice if there's a way I can get my kids to my Dwarka home. I understand my wife may need some more time...may be months to understand the situation and come back to her home. I dont want my kids to suffer till then.

My Details:

Name: Jasmeet

Age: 39 years

Education: Post Graduate

Income: INR 1.8 Lacs per month

Profile: IT professional (Work from home allowed)

Home: A 3 bedroom apartment in Dwarka, New Delhi, India

My wife's details:

Name: Hardeep

Age: 39 years

Education: Graduate (BA)

Profile: Housewife

Income: Nill

Parent's income: Nill (Mother is depression patient, Brother is a workless for last 15 years)

Mama Ji: Businessman (His income depends on a Paying guest accomadation that he manages and lives in)

Sister lives in a joint family and her husband too is a businessman.

Thanks,

Jasmeet

2 Answers from Attorneys

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