chandermohan (proprieter) 11 July 2012

Waiting for your kind suggestion

Dear all,

I had benn married for 3 and a half year . I filled a RCR in court after waiting for 6 months as my wife left after we had a small fight 7 months ago. I would love to live with her and my 9 months old daughter but my all attempts like family meeting ,police counselling etc failed. I would like to know if my wife in court disagree to liv with me then whether court will ask me to give her maintainance if she says that she wants divorce and will court allow me to meet my daughter during the course of time taken to solve the issue. Well infact now also i am sending her some money through courier every month as she is unwilling to meet me and niether speaks to me on phone nor allow me to meet my daughter. I am a social drinker taking 3 pegs every day but now i have trying to avoid it for 2 days in a week on this ground can court refuse me to meet my daughter. The actual demand of my wife is that i should apart from my Widow Retired Mother and take a separate house for this i have recording in my phone as a proof will it help. If my wife disagree to liv with me what will court do how will case proceed. Please waiting for your kind advice. One thing more when we last tried to talk to them through some mediator her chaha picked up the phone and told that now they dont want to compromoise and will speak in court.

Thanks & Regards

Vivek Malhotra

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4 Replies

Tajobsindia (Senior Partner ) 11 July 2012

@ Author,

1. One of you need to file a suit matter in Court then only court on first instance sends both of you for reconciliation and or mediation as the nature of the competent Court is.

2. If she refuses re-joining then the suit matter proceeds. You may file an Application in suit matter for visitation. Court grants few hours a week / moth visitation either at court complex or at a neutral place. Natural father social drinking is not a qualifying mark to deny visitation of child to her own father.

3. If finances allows and you can equally divide your duties between two homes and feel that with change of environment your family life (wife + daughter) may start living with you and side by side you are able to perform your duties towards your widow mother then it could be tried for brining harmony.

4. Good to know without demand you are sending some money for their maintenance. Also good to know neutral party mediation to diffuse the issues are also being carried out. Good to know your attempt to change quantity of drinks.

Have faith in family and with little tweaking in your overall social habits / personality change probably family situation may change for better and meanwhile continue supporting your family without interference of Court means donot launch civil suit from your side till all social remedies are exhausted from your end.

Hope above helps?

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dr.pawan rajyan (member and secretory) 11 July 2012

good advise by tajobsindia but you have allready filed for rcr. if she denied to join you,get her signature on file.after that she cannot take maintainance.you can demand visitation right for child by a intrim application.regards

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chandermohan (proprieter) 11 July 2012

Sir i had already filled for RCR in courtn and our first date is on 7 Aug. As per attitued of her Chacha i think he will influence her and will file false cases against me as their whole family is influenced by my wifes chaha.