S.B _Kolkata (Service) 04 March 2011
N.K.Assumi (Advocate) 04 March 2011
Go for RCR, if she refused the natural consequences will be Divorce and show to the court that your wife left the matrimonial home on her own accord.
S.B _Kolkata (Service) 05 March 2011
Thanks u a lot. Can anybody says about the status of amendment of 498a law?? I am waiting for the same. Now my wife and her mother have started to perform in various TV show. How will I encash the situation, please advise.
email@example.com (def) 06 March 2011
"Now my wife and her mother have started to perform in various TV show"
It does not matter at all.
Rest, u are the best judge to the extent ur marriage is spoilt. But from ur posts it seems that ur wife is under the influnce of her parents. In that case, plz give life a chance at least for the sake of the liitle soul & file RCR. There u will have ample oportunity tofind out the ways out with ur wife to save the marriage.
S.B _Kolkata (Service) 06 March 2011
A_man Fighting for Justice (Unemployed) 07 March 2011
For the sake of your daughter, I suggest give it a last shot before taking a hostile stance. These litigations run for years and will levy intense financial and emotional trauma on you, your parents and daughter. Ask yourself - is this what you really want - spend rest of your life fighting your in-laws and spending a major portion of your earnings on legal expenses. Ask youself - is your marriage beyond repair or can still be fixed. Please do not take decisions out of impulsion.
Back to your query - Go for sec 9 (RCR) first. Always maintain that you were willing to stay with her. Later you can withdraw sec 9 and file for sec 13 (divorce). Do not forget to mention in sec 9 petition that your wife has been staying away from you for the past 1.5 years. Remember! the day they (your in-laws) receive even a single summon from the court be it pertaining to Sec9 or Sec 13, in all likelihood they would file a false 498a against your entire family. So avoid needling them. Anotherway is to file for a section 9 of the Hindu Marraige Act but do not let the summons reach her (Difficult but possible). Check what your lawyer thinks about it. Keep all the Sms you were referring to if possible in a soft copy. Make all the financial transactions (towrds your daughter/wife) either through cheque or online transfer. Bear in mind, its a war, if you fight it with a plan you will get all that you want - your daughter, parent's peace of mind and unconfined freedom for yourself. Read 'The Art of War' by Sun Tzu. Atlast, hire the best lawyer in your town. If unaffordable, go for alternatives with proven track record.
Best of Luck!
Tajobsindia (Senior Partner ) 09 March 2011
Now, do some reading down fellow human beings;
Is there reasonable cause to justify the withdrawal of the wife from the matrimonial society of the husband?
Is he entitled to a decree for restitution of conjugal rights?
These are the most common simple questions to be decided by any
The question still remains: Has not our society attained sufficient maturity to leave the matrimonial options safely in the hands of the individuals concerned? Should the system tax itself with the responsibility of attempting to make value judgments of right and wrong in matrimonial causes which are purely interpersonal?
Should spouses be compelled to spend long years in the corridors of matrimonial courts to liberate themselves from the `holy' knot which is giving them nothing but trauma and frustration?
Is it not time yet to have a healthy piece of modern matrimonial legislation that permits unwilling spouses to walk out with dignity as friends from a matrimony that he or she considers unworkable?
Will not stipulations of mandatory counselling and mandatory period of waiting and of legal mechanism to protect the financial interests of the economically fragile partner and children born in such matrimony better serve the interests of the society and justice?
These disturbing thoughts come to any concerned Courts mind again when they commence dictation at the end of a long exercise where they find themselves unable to persuade the couple to unite harmoniously or to part with dignity as friends.
Now think aloud how to play your matrimonial cards reasonably well within the ambit of gender laws of the land and exactly what you want of all these exercise of your mind, body and soul at the end of the Board.
Well, I am running short circuit now-a-days trying to decipher imaginarily each and every matrimonial enquiry herein hence above short message which you may like to unlike painfully.
Now all the best to each one of you…………………………..