Is dissertion is maintainable in this case
pawan
(Querist) 29 October 2012
This query is : Resolved
brief facts are as: married in feb 2003.elder child born in may 2004.her behavior is not up to the mark from very start.she and her mother is dominating typed.her mother ,mama & mausa interfare a lots.she insist for separation from parents (yet being the only son) got separated since 2005 having separate ration card & gas connection. she went for maternity purpose to her parental home on 28 march 2010 and delivered my younger son there 0n 9 april 2010.but didnot turned back.her condition was that transfer anaestral property(owned by my father) to her name,which i denied.when all social means failed to bring her back.,then i filed for sec 9(RCR) in nov 2010.she clearcut refused to comeback in reconciliation and filed sec 24. she got nothing but for 2 childs was granted rs. 2000/month.getting less maintainance she filed a false DV case. in dv also she refused to come back at PO office.i paid for one year in rcr through sec 24. in may 2012 when they comes to know that i am going to file perjury in dv case.she withdraw dv on 31 may 2012 and i withdraw ripe rcr on same day stating"a mutual compromise has happened and i donot want to proceed with litigations". but after withdrawing she doesnot come back. then all of a sudden on 27 aug 2012 she came my house without elder son and with many villagers to create a drama.she and her mother abused a lot.breakdown lock of bedroom etc.and remains in my home for 12 days.inthese 12 days her behavior was very abusive.all neighbours are its witness.0n 9 sept 2012 .i said her to call back elder son(8.5y) as was her parents promised while leaving her back.but she refused & abused.hit me with iron hammer and run to police station.after two hours when her family members came they withdraw police complaint and took her back stating she have to given her jammu jbt exams.and she will come back after exams alongwith elder son.later i asked to police if they had any diary no etc but they refused for any diary no.but her exams are over on 3 oct but she is not back .any of there people is not responsing.all of social persons of their side accepted their fault??now inlaws are threating me again? i tried a lot to save marriage but now i thinks it is broken down irreversibly .my questions are (a) if i file for divorce now her 2.5year disertion will be counted? (b)is court consider this 12 day stay as pre planed to discontinue disertion.?? (c)i need divorce and custody of elder son(8.5y) how should i proceed??? (d)if they file again false cases like dv/498a etc,,are they maintainable in court of law???? please give advise.regards.
ajay sethi
(Expert) 29 October 2012
you cna file case for divorce . however your getting custody of your son is remote as he is too young and courts prefer giving custody to mother .
if you file for divorce may be she will come for negotiations and settle matter amicably . fact that she has stayed speartely for over 2 years will be counted .
pawan
(Querist) 29 October 2012
thaks sethi sir.elder child is 8.5 years old.regards
