Legal Question in Family Law in India
I got married in the year 1998 as per the Hindu rites and out of the said wedlock one son was born and at present he is reading in Class-III. His age is now going to be 10 years. I am staying in Shillong and my wife's matrimonial home is at Tezpur, Assam. During Teez Fastival, my wife's brother came visited Shillong and as per our customary my wife was invited at her parents home at Tezpur in the said Festival and she left on 4th August 2010 to her parents home with his younger brother. Thereafter she did not return. She ran away from her mother's home with her lovers and got married. The parents of my wife did not inform me immediately but the said fact came to me only few days before. My said wife has been nominated as a legal heir in my all official records. Now I want to remove her name from the service records and I do not want to bring back to such a lady as our custom as well as the society do not permit. Kindly give a suitable advise as I am facing mentally depressed.
2 Answers from Attorneys
you may remove her from nominations and file a petition for divorce.
You may remove her name as nomination from official service records, investments etc. This is your prerogative. It will be good to make a complaint to the police to bring on record the fact of her not coming back to the matrimonial home. If you desire, you may complaint for bigamy also. If child is with you, fine or else you may file for custody of the child. You must also check if parents have lodged report about missing of their daughter or not at tejpur.
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