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My wife wants to take Children to her parents home


16-Apr-2024 (In Divorce Law)
Hi, I and my wife have marriage issueand she left home last month (24-Mar ) leaving behind me and my two children (1 Boy- 2 years old and 1 girl- 1 year old ). We both are hindu Now she is sending message after 22 days later that she will take children from me in coming few days. Can I oppose her to do?
Answers (5)

Answer #1
985 votes
You need to do your home work
It’s the right time to submit your apprehension!

We need more information on your case to evaluate things from legal point of view. You need to hire an expert advocate in this case, kindly be in touch to discuss and to understand the legalities in this regard.
Thanks
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Answer #2
870 votes
Technically speaking If the children are still in your custody and you don't want her to take them, she cannot take them forcefully. Her recourse would be to approach the Hon'ble Court and request custody through legal channels.
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Answer #3
982 votes
First of all rather than going legally you should serve your partner a legal notice as to why he/she is doing all these and try to figure out what's going on in his/her mind regarding you. After that if he/she fails to give you satisfactory reply then you can anytime send a complaint regarding your grievances in writing to the police station of your area. But if you are willing to stay with him/her then you should file a petition under section 9 HMA for calling back your partner in your matrimonial life. For more legal assistance I am just a call away.
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Answer #4
507 votes
you can file a case of restitution of conjugal rights in sec 9 of HMA so that your wife will be forced to stay with you. bcz custody of kids of below 5 years is always with the mother. tell me your location so that I may tell you about court jurisdiction
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Answer #5
513 votes
what you want you have to take your own call. But the children are too small and you are alone to take care of them. when your wife left what she had an reason to leave. there are some info that need to be clear
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