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Author Topic: Wife came home with kids befor ethe case hearing  (Read 888 times)

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Offline anto68

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Wife came home with kids befor ethe case hearing
« on: May 13, 2015, 10:27:15 PM »
Hi,

I am new to this post and my case is a real tough one .Need answers quickly as my next hearing is on the 16th May ...............Ok here goes.
I had flied Divorce in 2013 and a Child Custody petition in 2014 December ,both are being contested by my wife.we have been married from 2002 and after marriage she did her BED and MBA and got selected in Central Goverment services and is currently posted in Hyderbad .She has the Kids with her.The trouble stared in the very first few years of marriage and she left home in 2010 and started living in the same city were we are domiciled .I used to go there ,on visiits and also stay there sometimes for few days at a time .In January 2012 she got selected to the Goverment service and left the rented home ,i helped and also went there with her to put her up and came back .The Kids soon followed her.I used to visit them sometimes and they used to come to my home on Holidays .This arrangement contiued till 2013 end when It really got worse and I applied for Divorce.She finally stormed out from house after the petition was received by her thru hand as the Court directed petition did not reach her for some reason or other.From 2013 March she stopped comming home and from 2014 december she stopped giveing the phone to the kids when i used to call ,hence my Child custody petition because of this .
We had Counclling and failed mediation attempts in courts whenever she was in the same city .......Sorry I did not mention I an living in KOCHI>,now the Judge had directed Counclling and Mediation in May 2015 and we did councelling and mediation on concecutive days 5th and 6th May and the hearing is fixed on the 16th May .
But the twist is on 12th May she came home with the Kids and started living as if nothing has happened ,I wrote a complaint to the local police station saying I fear there is some malafide intention ,but the police called us both on 13th and said they have noted the petition but cannot do anything as .A} case is Sub Judice in Court and B} She is still my wife and I cannot evict her.
Even though I enjoy my new found time with Kids the marriage is broken down and I need a divorce ....what can i do for the 16th May as now I cannot say I need the kids with an interim petition as technically the kids are with me .
SHE has got the Trump Card and hold all aces ...My Lawyer also does not have any Ideas.
I Humbly request  anyone to give some some advise ...Please.

Thanks
Suresh

Offline saravanan.s

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Re: Wife came home with kids befor ethe case hearing
« Reply #1 on: May 14, 2015, 06:54:18 AM »
your wife is free to come to the matrimonial home anytime before the final decree in divorce is awarded.even if you get divorce from your wife and if your wife is staying in the matrimonial home you cant use force to remove her rather you must evict her under due process of law like filing a eviction suit.
as far as child custody is considred the custody will always be given to mother if the child is below five years and beyond that the court will leave it to the child to decide after ascertaining the fact that it contributes to the welfare of the child.your wife and children suddenly coming and staying with you wont have any impact over the cases filed by you

 

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