Rahul Pandey
in Family Law Civil Law
Asked November 23, 2017

Wife transferred without informing husband and took the baby

  • 3 Answers

My wife is working in a bank. She took transfer to her parental place without informing me and took 7 month old baby also. She is on clerical post and had service period of 2 yr only as clerk.now she is forcing me to join her as she can't live with mother in law. But I can't do that as I have my permanent residance and working in merchant navy. She is also making false allegation like domestic torture etc. What to do? Can I claim child custody as she is a working lady and her parents are also working so maid must be looking after my baby. Shall I file RCR or divorce as she took transfer to her parental place?

Answers 3

Kindly elaborate the matter for proper guidence .. You can contact me for detailed consultation .. Ph:-9654062181/ consultation fee :- 1000/- Adv Hemant Chaudhry 

Agree Comment 0 Agrees about 4 years ago

Dear Rahul

In my opinion you should file a Petition u/s 9 for Restitution of Conjugal Rights. You have grounds for taking Divorce but cannot get custody of your minor child who is just 7 months old. If you opt for Divorce you may lend up getting Visitation rights as decided by Hon'ble Court to visit you child. In Restituion of Conjugal Rights if you get an order in your favor, you can stay with your wife as well as with your child. Please feel free to contact me. 


Adv. Vinit J. Mehta


Agree Comment 0 Agrees about 4 years ago

Adv.Vinit Mehta's advise is perfect follow it,you have no grounds for divorce and you shall end up in being guilty of domestic voilence if your wife files a case under domestic voilene act. You may also be required to pay maintainance. So best way is to approach the family court advocate,take his advise immediately and built a proper record as your wife may say transfer was not because she wanted it but the management did it !


Agree Comment 0 Agrees about 4 years ago

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