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Advocate Abhijeet singh (ADVOCATE)     24 May 2013

Advice please

 

My friends is working with a MNC and has married a girl in the March 2007 , from the very beginning the girl was ill-mannered, her mother always interfered in my friend’s house hold decisions and his wife listened to her mother. In Oct.2007, his wife got pregnant and due to some misunderstandings she left for her mother’s home with her brother and told my friend that, she will come tomorrow, however, she did not come the next day as promised, so my friend’s mother called her father to find out and he refused to send his daughter.

In June 2008 a son was born and still they also refused to send their daughter. My friend tried a lot for settlement at personal level but she her response was always in the negative. Sometime in 2009, his wife came home and thereafter she went weakly to her mother home. When my friend went to get her back, sometimes she would return home but some days she would refuse. 

On one such weekend when he went to get her home and she refused to accompany him back home and that night suddenly his father (my uncle) expired by heart attack. When he informed her, she came home for just a single day and went back never to return her matrimonial home. Now since January 2010, she is with her mother and my friend do not have any contact with her.  

Please tell me in such a situation what should my friend do.

Also tell me if section 498a or other domestic violence is applicable after such a long gap. My friend wants to live with her as if he takes divorce he does not have money to give to his wife.               



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 4 Replies

Advocate Abhijeet singh (ADVOCATE)     24 May 2013

i will give your no to my friend

Adv.Vandana Vaidya (Advocate & Regd. Patent Attorney)     24 May 2013

YOUR QUERY IN CORRECT ENGLISH: My friends is working with a MNC and has married a girl in the March 2007 , from the very beginning the girl was ill-mannered, her mother always interfered in my friend’s house hold decisions and his wife listened to her mother. In Oct.2007, his wife got pregnant and due to some misunderstandings she left for her mother’s home with her brother and told my friend that, she will come tomorrow, however, she did not come the next day as promised, so my friend’s mother called her father to find out and he refused to send his daughter.

In June 2008 a son was born and still they also refused to send their daughter. My friend tried a lot for settlement at personal level but she her response was always in the negative. Sometime in 2009, his wife came home and thereafter she went weakly to her mother home. When my friend went to get her back, sometimes she would return home but some days she would refuse. 

On one such weekend when he went to get her home and she refused to accompany him back home and that night suddenly his father (my uncle) expired by heart attack. When he informed her, she came home for just a single day and went back never to return her matrimonial home. Now since January 2010, she is with her mother and my friend do not have any contact with her.  

Please tell me in such a situation what should my friend do.

Also tell me if section 498a or other domestic violence is applicable after such a long gap. My friend wants to live with her as if he takes divorce he does not have money to give to his wife.               

MY ADVICE: Your friend should first file a custody petition for his son and demand for custody of the son and also visitation rights of the son. Once this petition is filed, let him file a divorce petition with the correct reasons as provided by you in your query.

Filing of custody petition will help in 2 ways, one is your friends wife will seriously think of joining back your friend with the fear that, she may lose her son and second is your friend's divorce petition will have a proper standing in the Court of law.

Filing of 498 A by your friends wife will depend on the advice she gets, but your friend can contest the same, as, if she files it will be considered as a counter blast to the custody and divorce petition.

Domestic violence can be filed, only if she is living under the same roof and not otherwise, however, your friend’s wife has a right to file maintenance petition under the domestic violence act, further under section 125 of IPC and also under section 24/25 of the Hindu Marriage Act. Your friend can prove that she is not eligible for maintenance as she has deserted him without proper cause and also that he is ready to take her back and live with her, but he cannot say he do not have means to pay her.

1 Like

Adv.Vandana Vaidya (Advocate & Regd. Patent Attorney)     24 May 2013

YOUR QUERY IN CORRECT ENGLISH: My friends is working with a MNC and has married a girl in the March 2007 , from the very beginning the girl was ill-mannered, her mother always interfered in my friend’s house hold decisions and his wife listened to her mother. In Oct.2007, his wife got pregnant and due to some misunderstandings she left for her mother’s home with her brother and told my friend that, she will come tomorrow, however, she did not come the next day as promised, so my friend’s mother called her father to find out and he refused to send his daughter.

In June 2008 a son was born and still they also refused to send their daughter. My friend tried a lot for settlement at personal level but she her response was always in the negative. Sometime in 2009, his wife came home and thereafter she went weakly to her mother home. When my friend went to get her back, sometimes she would return home but some days she would refuse. 

On one such weekend when he went to get her home and she refused to accompany him back home and that night suddenly his father (my uncle) expired by heart attack. When he informed her, she came home for just a single day and went back never to return her matrimonial home. Now since January 2010, she is with her mother and my friend do not have any contact with her.  

Please tell me in such a situation what should my friend do.

Also tell me if section 498a or other domestic violence is applicable after such a long gap. My friend wants to live with her as if he takes divorce he does not have money to give to his wife.               

MY ADVICE: Your friend should first file a custody petition for his son and demand for custody of the son and also visitation rights of the son. Once this petition is filed, let him file a divorce petition with the correct reasons as provided by you in your query.

Filing of custody petition will help in 2 ways, one is your friends wife will seriously think of joining back your friend with the fear that, she may lose her son and second is your friend's divorce petition will have a proper standing in the Court of law.

Filing of 498 A by your friends wife will depend on the advice she gets, but your friend can contest the same, as, if she files it will be considered as a counter blast to the custody and divorce petition.

Domestic violence can be filed, only if she is living under the same roof and not otherwise, however, your friend’s wife has a right to file maintenance petition under the domestic violence act, further under section 125 of IPC and also under section 24/25 of the Hindu Marriage Act. Your friend can prove that she is not eligible for maintenance as she has deserted him without proper cause and also that he is ready to take her back and live with her, but he cannot say he do not have means to pay her.

2 Like

Adv k . mahesh (advocate)     25 May 2013

As the time gap is very long leaving you so 

1.  Child custody you can claim

2. Maintenance case she can file and will get as she may contest and say that she you are harassing her in laws and she will get maintenance 

3. she left 2010 and why you are talking about 498a could not understand?

4. in most cases child custody will be mothers side only but in your case you are not leaving her or not giving her but asking her to return to your fold to stress about better amenities at your end are good so you can claim it


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