sachin (engineering executive) 06 September 2013

Need your advoic

i fasing problem from my wife's mother and father, they are incraging her to stay awy from me . and they are not alowing me to take my doughter with me. when ever there is small argument happen with me and my wife they come and tel her to stay away from me or tel her to do susaid speshialy her mother.

but i have 2kids one is 2year old dougther and new bron baby boy.

and it is happen agian and agian.

can i complent augenst them? that they are incuragin her to stay away from me?

and as per them if my wife is rady to stay away from me then can i get my doughter? because my wife is not aurning , also her father is ritaired and he is gating 1800 RS penstion.

now i left her with her mother and fother they kept one women ( her aunti) for her help (as nurc) but she is drinker.

and i am staing with my mother and father.

i dont want to stay away from my wife and my kids. i am woried about my doughter

please advoice me what can i do ?

i need help.

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2 Replies

Tajobsindia (Senior Partner ) 07 September 2013

1. Set up meeting of elders in both family to resolve marital issues you both are facing. In such meetings calmly discuss issues both of you are facing without allegations and let mature elders put application of mind to resolve couples issues.

2. Sometimes in such meetings an Agreement is signed between couples with witness signature are put from both sides. Such Agreement helps bringing family harmony back and it remains as some document. See if signing such Agreement helps in brining marital harmony.

3. If above two fails then option is to search for an local advocate found via reference and explain your facts for legal remedy.

4. The legal remedy advised is to file restitution of conjugal rights along with S. 151 CPC application for interim visitation of minor child(ren).

5. One matter reaches Court it is seen most often in presented brief girl’s side retaliate on ill-advice of their adviser circles and may file criminal and or quasi-criminal Complaints on mental cruelty – dowry – domestic violence related. Face them as karma as even if they donot file such complaints just after you file restitution of conjugal rights petition such briefs may end up in that route OR who knows the parties may end their disharmony via mutual consent divorce route which is also possible once they meet each other in Court?

6. The purpose of filing first restitution of conjugal rights application is to showcause that you were not at fault as per mention facts in your brief you are doing all you can but beware if restitution of conjugal rights is awarded in your favor it is not compulsory for wife to stay with you but meanwhile you will be allowed visitation fo minors.

7. If later situation comes when she does not join you after para 6 then after one year of her refusal you becomes eligible to seek divorce.

8. Keep in mind Court procedures are long and time consuming along with money are spent. If situation is possible to solve via para 1 and 2 then it should be tried first.

9. Also try to built basic legal knowledge via reading past few discussions in Family Law Forum in LCI before asking more questions.

(Guest)

Choose 2-3 highly matured and prestegious person with neutral behaviour from either end of the family and go along with them for mutual talk regarding all these stuffs. Let her speak why she does this,let these 2-3 persons judge is this right or wrong?

Come to the conclussion for remedies,and make sure that will not repeated from either end.If necessary make a draft on legal paper with 4 witneses duly signed.

IF then also solution not comes then universal family court is always present,File sec-9 HMA 1955 and interim visitation right to see minor child.Let the case run on merit and don't fear of false cases by her bcz these false cases will only backfire her.

Best of luck.