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Need Help... (MIS-Executive)     04 December 2013

Help need... very urgent.. suggest me and save me

My wife left my house in march 2013 along with all house material and my 2.5 years Son. Now she is staying with her parent house which is name of my wife. Last nine month i tried to she came back but all fail. now she want divorce. We are staying together in rented house from Oct 2010. Cause she dont want to stay with family. we got marriage in 2008 (Love Marriage) She is very egostic. When she left our rented house she close the House rent aggreement. I m staying with my parents. and My sone and my wife staying with her Parents House. She is working. Now suggest me how to save my Son and My Family.



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 5 Replies

Adv Archana Deshmukh (Practicing Advocate)     04 December 2013

If you want to save your marriage then, you can make some more attempts of reconciliation thru friends/relatives or can approach u/s. 9 HMA for restitution of conjugal rights. If you are ready for divorce then go for MCD. Considering the age of your son you may not get his custody at present, but shall only get visitation rights. You can file for custody after he is above 5 years of age. 

Need Help... (MIS-Executive)     04 December 2013

I tried all my friends, her family member and my family member. I attend many meeting with her parents. but in meeting she never reply single word. but on phone or any visit meet in alone she said i want to go for divorce. i spoke to her if u want then u go for that but she still not filed. last 1 month she given reason " i dont have money so i m waiting" . Her stand is very strong and she wants the divorce. Her parents also not enter in this matter couse her parents house on her name. she is the boss and even she not give time to son. Her parent means her mother taking care of baby. Her Father's accidental death happened in Jun 2013. Early morning 7.30 she going office and in night 9 she will return. she is working so she cant give time to son also. Now My son is 3 years old. Actually i dont want to go for Divorce. I m waiting last nine month my son will come with me. also my wife but situation going very bad. She dont have any strong reason to file the divorce. May be she go for Fake Reason to file divorce. In case she file for 498 what will happened ? Kindly suggest and similarly suggest any institute or organisation to save me and my family and my wife  and son. so we will come out of this matter.

T. Kalaiselvan, Advocate (Advocate)     04 December 2013

I think it is always better that you issue her a legal notice asking her to  come back to the matrimonial house. Wait and watch her reactions to the legal notice, suppose on provocation if she is filing a divorce case then you may contest the same accordingly.

Need Help... (MIS-Executive)     05 December 2013

Every time my wife parants telling me they all not involved in this matter but i know all suggetion given to my wife by her friends and her family specially her 2 sister and Mother. i know her some friends they also dont want to talk to me about her attitude. one of her friend already divorce and last year she got second marriage. and one of them her husband in dubai for work but she is staying with matrimonial parents. Her mother every time say i do i do ido... i do everything for my kids.. i gave them education ... i gave better future. so my wife also thinking she can do everything alone. I want to save my sone and my wife and my family also.

T. Kalaiselvan, Advocate (Advocate)     05 December 2013

Independent earning, egoism, self-centred and several other whims and fancy items like dramas in the name of mega serials in television channels etc makes many people life miserable these days.  The ethics and sentimental family values are diminishing these days.  The fascinations prevail over passions and cause miseries in the minds of young married people these days. No understandings,no adjustments and no tolerances are the order of the day among many young and newly married couples these days.  Your case also may fall among these categories.  But there is solution for everything when sitting alone thinking about everything right from the day one  but there should be true self analysation, try this you may get a solution.  Legally, she may even opt for divorce if you persistently insist her to come back making things from worse to worst especially if you initiate a suit for restitution of conjugal rights; even if you win this case it is only if she is willing you can resume your discontinued marital voyage with her, otherwise you cannot force her to live with you, but the child, just think about its future, at least for the child's sake try convince her (your wife) and make things alright or else wait for some more time for the time to answer by which you will find a different solution.


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