Legal Question in Family Law in India

My wife left to sharjah for job leaving two kids with me

In the early moring I found my younger son (2 years of age) was crying at balcony and my elder Son 6 years was locked outside the door.

My wife didn't inform me about her travel or work in UAE.

I am finding it difficult to manage two kids. I have requested my wife to come back as soon as possible as we never planned to settle in UAE.

She replied she had a dream to work abroad, so she will not come back at least for a year. Please guide what can I do to bring her back. Can I apply for child custody and divorce ?

Husband


Asked on 5/24/11, 7:10 am

4 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

as she has left the kids, you have a strong case of child custody and divorce on the grounds of desertion. you may seek help of a lawyer and file the same.

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Answered on 5/24/11, 8:14 am
Devansh Bhardwaj Devansh Bhardwaj

My friend as far as I have understood your case, at present you are having the children with you.

Now regarding you and your wife what Ill suggest you that instead of going for divorce ill suggest that you should go for Restitution of Conjugal Rights praying the Court to Order your wife to return back and lead her matrimonial life in a normal manner.

Why I'm suggesting Sec. 9 is being the only reason that filing divorce will only aggravate the situation in a definite manner.

Further you may also file for the custody of the permanent custody of children stating the grounds as mention in your question.

FOR FURTHER DISCUSSIONS IF ANY, FEEL FREE TO CONTACT ON 09415109404 OR [email protected]

DEVANSH BHARDWAJ

ADVOCATE

LUCKNOW

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Answered on 5/24/11, 9:17 am
Professor SOMNATH MUKHERJEE MUKHERJEE ASSOCIATES(Cell +91 9874753359/ 9477781578)

you have strong ground for child custody. you may file for restitution of conjugal rights . you may contact in my number 9874753359

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Answered on 5/24/11, 9:24 am
Sanjay Kalra Sanjay Kalra & Associates

You already have the custody of children and i dont think you should go for the custody . Let your wife ask for custody from the court as she has a week case to get the same. Now with regard to your wife. What do you want ? Do you want her in your life or not. If it is yes then go for section9 petition for Restitution of Conjugal rights or else Divorce.

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Answered on 5/25/11, 2:03 pm


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