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Gagan (Sales)     16 February 2015

Please help

Hello all respected Lawyers, I and my wife got marriedin 2005. with in six months she moved to her parents house for her exams during which she also came to know of being pregnanent. She deilvered a baby girl and we all were very happy. I could not go to her house to get her back due to non availabilty of leaves and instead asked her father to get her to my house. On this she filled Sec 13 ( on ground of cruelty), Sec 125 and Sec 27 against me. Sec 125 got dismissed in 2013, Sec 13 and Sec 27 are dismissed a few days back. She has already appeal for 125 in high court. She has never allowed me to meet my child depsite court interim orders during trail of Sec 13. Family court in its final order of Sec 13 has not given any order for allowing me to meet my daughter. My intention is to make sure that i fulfill all my emotional and financial responsibilties towards both my child and my wife as well. but she is not at all ready to come and just wants divorce which i dont want to give. My lawyer is asking me for file Sec 26 for Child and Sec 9 for restoration of marriage. Accorinding to him we only have 30 days to file Sec 26. I need to know the actual time limit and suggestion from esteemed lawyers of this club on my approach and if any other way forward is available.



 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     16 February 2015

You can follow your lawyers suggestion.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     17 February 2015

From your narration the behaviour of your wife and in-laws appear strange. Are you suppressing any information? In matrimonial cases one should take recourse to legal solution only when everything else has failed. Have you tried solution through well-meaning intermediaries or even through marriage counselling?

T. Kalaiselvan, Advocate (Advocate)     18 February 2015

Your case appears to be as old as around 8 years or more if not less which can made out from the contents.  Why have not applied for child custody case?, in that case itself you could have availed the visitation rights to visit your child as an interim relief.  Even now instead of resorting to section 26 of HMA and section 9, you may file a child custody case which will certainly make some impact in the ongoing case. Consult your lawyer and proceed as per his further advise based on the prevailing situation.


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