Legal Question in Family Law in India
Sir,
I married 4 years before and have 2 children.
Immediately after marriage I took her to abroad. In abroad, after I went to office, she was watching adult movies in my laptop. I found in browsing history. I asked her about this, she said 'Don't Know'. She received some SMS asking her to come for drinking (his name mentioned in SMS). I asked her about this, she said 'Don't Know'. I found browsing history, she search same name in face-book. I could not concentrate in my job hence returned to India.
I was jobless for 3 months and joined in a company in India. Here, whenever I go for outstation for office work, I found shortage in condemns. Initially I thought it might be my mind-set, but later I started counting the condumns before I go outstation. I find clear shortage in counting. Many times, I beaten her with out saying actual reason (but saying the poor maintenance of home, children dressing, etc...) I lost my job and shifted to my native.
In my native, I stayed 6 months jobless. I had one tenant in my house. She started talking manytimes positive about him (but he is actually drinking personality). I warned her many time do not talk about him, but she was repeating. I observed wrong communication between them. I could get another abroad chance forwhich I went for medical. Before leaving home I counted contemns and when I returned I found shortages again. I beaten her again.
I came to abroad and arranged flight ticket for family, arranged house, paid school advance for my child. After all these expense, she refused to come to abroad saying that I am doubting her character and beating her. After many struggle, I came to India and asked sorry for beating her and took her and my children to abroad.
In abroad again, I found same issues 'shortage in condums' and 'irregular periods'. I know some what who is the person. He is insulting me on road and he knows all what happens in my home. My son had some scar in his face. I asked what is this scar, he (2 years old) said 'uncle beaten me', 'uncle took me in car', 'uncle put me in this room'... like this. I was about to cry seeing my son expression. Again I beaten her.
For some urgency I took her to India. Now she again refusing to come to abroad. My daughter has exam next month and their visa will expire in 30 days if they don't return.
This time, I don't want to request her to come. Because I find security issue for my children and they will be atleast safe if they stay in their grand-ma house. Still I requested her to come but refused.
I do not have my mother. Her father bed-resting hence her mother should see him. No aged person available to stay with us. All these situation, she takes advantage and spilling my life and my children's future.
Please advise how to get divorce from her and save my children.
Except 2 SMS and call log, I do not have much evidence for adultery.
She understood what I know, now she not coming to live with me in abroad. Her family, no one attending my phone call. I sent sms like "I take all mistakes on my head, please see children life and come here", "Daughter has exam next month, If you give admission in India, she should repeat LKG again", "My father ready to come and stay with us", "If your family any one ready to come here, I will arrange visa & tickets", "Please reply"..."Please reply"..."Ask me if anything else required.." etc... etc...
No reply for messages, her family no one taking my phone also.
I can loose this highly paid job. She told to some one, she will ask for maintenance staying back in India. Maintenance will be 2/3 of my salary. What a attitude... I am missing my children... but she will take maintenance and live happily in India.
Please...please... advise me how to get rid of this women and save my two children.
1 Answer from Attorneys
I am really sorry to learn your situation. It appears to be a clear case of 'cruelty' by wife against husband. You may email me complete factual details for a considered opinion. Meanwhile, you may refer to my book on the subject - 'Burning issues on Family Law in India' - available on amazon.com