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sandy velan (social coordinator)     23 August 2011

Advice

hello members, my marraige ocurred in 2003 and we both husband and wife used to quarell intermittently on trivial issues . with my bad and short temper i used to hurl abuses at her and after realizing my mistakes i used to profusely apolize to her. not withstanding she used to go to her house and live there for months altogether. after much persuaion she returns and similiar situation contuied. the irony it was very petty issues. finally in feb.2011, my wife got fed up with me andleft to her house with my son aged 8 years. her complint is right in the sense that kid gets spolied in this kind of atomosphere. during the last 7 months i was never given oppurtunity to talk to my wife or son in phone or person. my parents went to her house 4 times with my relatives to persuade her but of no avail. i sincerly pursued whatever advice given to me such as yoga and physcatrist sessions. but my wife side is stating that iam incorrigibile. of late they have allowed my old father to meet my son at any time. but he is 75 years and finds it difficult to travel 500 kms and also my son is not freely talking to him. in this kind of circumstances, what should i do?. should i file a divorce as all reconcillation has not availed any results. i will stay contended that atleast my son should be allowed to talk to me once in a week in phone. i do not belive in rcr as my wife detests me so much. secondly if i file divorce can my wife lodge dv case against me as i used foul language against her eventhough i used to do very rarely. i never harmed her phscially neither there is issue of dowry. i even repaid the amount of rs 20000 i borrowed from my fil. please guide me. i feel is it better to leave her and my son who hates me this much. is it a practcal soloution or just a selfish one on the part of me. we are living seprately for past 7 months with iam ready for anything but she not budging an inch. remember only concession offered is my father canmeet my son any time. my age is 37 and my wife is 31.



Learning

 2 Replies

Advocate M.Bhadra   23 August 2011

If you want to live further with you wife and son you can file a suit for Resttution of Conjugal right, where Court may try to reconciliation,if you do not like your wife then you may file a Divorce suit in february 2012( to fie a suit one year is mandatory from the separation) and move to court for seeing your child. But you have to pay maintenance allowance.You may also file a suit under Wards and Guardian act. for custody of your child.

1 Like

sandy velan (social coordinator)     23 August 2011

minashu sir, can she file dv case agaist me for hurling abuses at her before 2007 because after 2007 i stopped hurling bad words against her. secondly sir i wanted to see my son immedately as already 7 months has elapsed. what should i do
 


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