LawRato

What action can I take against my wife for mental cruelty?


01-Feb-2023 (In Divorce Law)

My mother and brother in law started living with us and as were not a good influence for my kids as he is a drug addict I din't wanted them to stay with us due to which we had quarrels, my wife took kids and her belongings with her and left home and asking for judicial separation which I don’t want I want my kids back I have filed for my Restitution of Conjugal Rights and Interim Child custody case in Family court. So that my wife and kids come and stay with me, it has been six months I have not seen my kid. What legal action can I take against my wife for this mental cruelty.

Answers (2)

Answer #1
684 votes
hello , just gone through your query .
here the important point is do u want to live with your wife or not
and do u want custody of children.
this is a matter as u said pending before family court .here i need to go through ur documents and case details so that i can go through it and look into it what can be done so that u have no further problems .
come to me with documents and case details i will suggest u what should be done.
Answer #2
891 votes
Hi
Once you have filed Restitution of Conjugal rights (assuming your wife is yet to file for divorce), you can request the court to grant interim orders on
a) Custody of child or
b) Visitation rights till such time the court decides on your Petition.
Your lawyer should be advised not to ask or permit other side any adjournments and also ask your advocate to ask for short dates.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."