I for the past 7 months I sent two notices thru lok adalat with the endorsement of Principal session's judge. Instead of coming she filed a DVC under PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 ALONG WITH RULES 2006 section 12.
In that she (her father) prayed relief from mental and physical torture, dower amount and maintenance for her and her children and filed complaint in police station when I tried to approach with elder family members (senior citizen) for settlement and reconcilitaion. Her father did not give me chance to see my wife and children for the past 6 months.
I filed a suit for restitution of conjugal rights in both family and district court. But the both the courts returned saying as per muslim law 1937 article 11 I can file a petition for conjugal rights only in lower courts( I dont know what is meant by lower courts)
Speaking about the local advocates in my city.. They want to strech and lenghten the process and make matters more complicated so that they can bag more money.
I believe that if the RCR had been sent in proper time without any delay from court and a child custodian (even for visitation) order has been passed at the right time. The relationship would be in retrievable state.
Please guide me for a muslim, under what exact section I can file a rcr and custodian rights, atleast for visitation.??