Legal Question in Family Law in India
I have been married for 11 years now. Both of us have same educational qualifications with my academics slightly better. We have tw0 kids one daughter, aged 8 years and son,aged 7 years.Me and my wife had fights, arguments etc but it was like provoking me very hard and it would be total 5-6 times in those many years. Her parents were rude to me and i found it better not to visit them but she visited them on a regular basis and I objected to it sometimes and resulted in arguments and fights. She was posted outside some 2 years back and is in a job. The kids stayed with me and I used to look after them. I am stationed at one place since I m in business. She was not happy to see me in business as initially I had good jobs. Everything seemed to be normal, we had gone for holidays 3 months back. Suddenly she comes to me and asks for divorce, the reasons being all those year back issues made alive and said she doesnt want to live with me and asked for kids. When I tried to placate her she approached my parents who also tried to make her understand that these things happen in couples relations. She was adamant on shifting kids and I agreed but then I was doubting her intention as it all started with asking for divorce and I was in dilemma for kids. Suddenly one day she came to my place, packed the bags and took kids and went away informing my mother(we are in a joint family) that she is taking kids for outing and informed me after 6 hours and we didnt even doubted it since kids were with mother. I approached her father who lives locally who refused to open door. Then a slight scene was created wth my father also coming to my in-laws place since he also could not get access to him. We approached local police station but they had some good contact and I was told to approach family court. Since I was not able to know about the kids and their whereabouts as she was not picking the phone, out of heat I started abusing her and threatened her which she recorded and is using as proof to the SP office.The next day visited the schools to stop for issue of transfer certificate and to my surprise she was in the same town. The prinicipals of both schools have denied transfer certificates to kids as I m the gaurdian in their records. One principal tried to make her understand the effect this could have on kids but she is accusing me of permanent physical assault and abuses and say she cant live me now. Meanwhile she has applied for custody of kids in her place where she is stationed.
Kindly suggest me as I am still not able to get access to my kids and their whereabouts are not known to me as she is not allowing me to meet them.
1 Answer from Attorneys
you should have filed a case of kidnapping against her as she took the kids from your lawful custody. If she wanted her kids she should have approached the court.