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chinnu pintoo (e)     19 April 2013

Opinion

Dear forum

this is a wonderful website where we can know so many legal things in our country. i am really thankful to this website.

i got married and lived happily.  when my gone for delevery and delebered a cute boy.and  she didnot comeback saying i was cruel, etc but she also knows it is not true. but i think due to some outside force she is acting like this.

i filed restitution of congugial rights asking her to join me. and counseling done. she did not agree. and asked for diverse. i refused, as i cannot live without her. this all happened one half years before.

after that i appeared thrice, and later judge was not there for three hearing dates.  and dates are keep on postponing.  and now the sitituatin is that they never appeared in the court for more than six months.

i dont know where they are, and what she does, and my son is going to be three years next month, i am very much worried about their wel beings, as i atleast want to talk to them, or want to know their wel being. how to find them, and how can i ask for my son's visiting.  i love my wife more than my life. 

PLEASE PLEASE ADVICE ME HOW I CAN FIND THEIR WHERE ABOUTS OF MY WIFE AND SON. 

awaiting your valuable advice



Learning

 7 Replies

ajay sethi (lawyer)     19 April 2013

1) your wife wants a divorce . she dosent want to stay with you any more .

2) RCR is futile as even if you get an order you cant force your wife to stay with you .

3) you are entitled to child visitation rights . amke an application to court for  visitation rights .

 

1 Like

chinnu pintoo (e)     19 April 2013

  1. she has asked divorce during counselling  to avoid me in touch with her., but actually she never applied for it.  
  2. you are right sir, we cannot force anyone to live. but atleast for my son sack i want to live. i am ready to do anything.
  3. i will make visitation rights applicatoin in court, 
  4.  BUT MY WORRY IS THAT, I DONT KNOW WHERE ABOUTS OF MY SON AND WIFE. HOW CAN I FIND THEM. IF I FILE VISITATION APPLICATOIN, WEATHER COURT HELP ME IN FINDING OUT THEM.
  5. please please advice me on 4 point.

ajay sethi (lawyer)     19 April 2013

1) contact her parents . say that you are willing to agree to her demands for divorce . they will give her address

2) in terms for divorce by mutual consent mention that you shall be entitled for visitation rights .

3) long drawn litigation is counterproductive . you will wate best years of your youth in runnin around courts and on lawyer fees


(Guest)
Originally posted by : chinnu pintoo


she has asked divorce during counselling  to avoid me in touch with her., but actually she never applied for it.  

you are right sir, we cannot force anyone to live. but atleast for my son sack i want to live. i am ready to do anything.

i will make visitation rights applicatoin in court, 

 BUT MY WORRY IS THAT, I DONT KNOW WHERE ABOUTS OF MY SON AND WIFE. HOW CAN I FIND THEM. IF I FILE VISITATION APPLICATOIN, WEATHER COURT HELP ME IN FINDING OUT THEM.

please please advice me on 4 point.
 


Such a noble soul.

But it takes two to tango.


No doubt you have a great cause  and a kind heart.  But you cannot force her to say yes for visitatoin rights also.


Just apply for divorce..

1 Like

chinnu pintoo (e)     19 April 2013

my worry is she is with her parent, whole family not traceble.please advice.

manish (n/a)     19 April 2013

In the Divorce case, file an application to get the right to meet your children and show that thery are not coing in from last few hearing, and their family is untraceable, then court will issue a summon against them and order the police to trace them and prsent before the court. 

this is only the way to trace them with the help of police if you have search them and unable to trace them. 

Thanks

chinnu pintoo (e)     24 April 2013

@need justice Sir/madam Thank u v much for ur advice. Pl tel on which section i can see my wife and son. Pl pl guide me da sections. I m becoming mad by worrying abt fmly.pl anyone guide. Habeas how i can file. Atleast want to c my soul son.

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