Legal Question in Family Law in India

I have been married for 11 years now and have two kids-one daughter(8 years old) and son(7 years old). Everything was normal between me and my wife except for some arguments, fights and differences over some issues which happen in every normal household. She is in a good public sector job at a good position. I was in a job but have shifted to business for last 5 years. @ years before she was transferred to Outstation some 200 kms from our place. She was reluctant initially to go and tried for transfer to the station but all in vain. It was normal even the, she used to come on saturdays and go on mondays. I was not visiting frequently bcoz kids were studying and staying with me and it wld have been hectic for them to go for a day and return and then go to school. I thought we have good understanding and always appreciated the pain she used to take. Suddenly, some 3 months back she said she is not able to adjust with me and gave examples of past arguments which wld not have been more than 7-8 in these many years. I objected to her keeping too much of relation with her parents and sometimes it resulted in heated arguments. But even though she used to visit them frequently and call them. Then 2 months back she said she wanted to seperate and wanted kids to be with her. I was shocked initially and tried to placate her. She approached my parents who stay with us and they did the same and agreed to shift the kids. I was in a dilemma as it all started wth idea of seperation. I agreed to shift kids and even went to her base station for admission of my son. Then I somehow was not comfortable and wanted to discuss things but she was not discussing and was adamant. She used to tell me all things will be normal in course of time. Then I started to reject the idea of shifting kids but not fully. One day while chatting I said I rejected the idea. She 2 days later came prepared to my home and took the kids and the luggage and told my mom, that she is taking kids for outing and will return in some time. She informed me after 5 hrs that she has taken kids along with her. I tried to contact her she didnt pick the phone. Then i tried to approach her parents who are local. Her father refused to open door to me and my father. We got angry and tried to open the door forcibly and abused. Then i dialled 100 no and called for assistance. I aksed the SI who visited to ask him where r they, but he asked me and my father to accompany me to police station and said her father will come later. There I was told nothing wrong in mother taking kids and it should be informed in my local police station or settled through court. Then after returning me and my father called her but she refused to let us talk to the kids. We started abusing her which she recorded probably. She took her mother and she is with her and looks after the kids. I informed through post the CO of my police station, and SSP abt this incident since they were not accepting our application. Then i approached the school not to issue transfer certificate and was surprised to know that she had already applied without my knowledge and was visiting the city without even telling me. They stopped the TC since I was the guardian local. She used to threaten me of not approaching kids as she told police have been involved and i would have to face dire consequences legally. Then i came to know that 3-4 days before she had booked tickets to her base station from here of her ex along with her and they both went to her base station. On enquiring she firs denied and then said she asked him for help and he was just helping her. I tried to make things better and went to meet her. She first threatened me of police(she has bribed some SSI) but then met me at office. She put a condition that I have to get her Tc and help her in admissions. I agreed to it. I returned back and on mail she assured me I would be able to meet my kids and cld stay wth her. I applied for TC at both places and she had to come at one place as they wanted both to sign in front of them. There she said u could only come to stay and meet when admissions wld be done and kids will start going to school and she wld develop trust in me which is 2 moths from now and the date of case is after that. She asked me to courier the TC. Se was accompanied by her father. She told me she would come by taxi in morning but she came in night and stayed with her father. She had filed case in family court that kids have been staying and studying with her(name of schools mentioned), I am not doing well financially and I dont have a good character which is bad for kids. She also has filed that the day when she took kids that I approached wth my friends at her placee, tried to barge in and take kids. But then neighbours stopped me and then I went abusing her and threatening her to take kids. Please, suggest what to do.


Asked on 5/17/14, 11:58 pm

1 Answer from Attorneys

please consult a lawyer with the documents. without reading the file it would be difficult to advice. for further query contact 9312411481

Read more
Answered on 5/18/14, 8:48 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India