i am hindu and got married in jan 2008 my wife left me and went to her my in laws place in sep 2008 for delivery of my child from the time she married she was always looking to seprate me from my parents.we had lots of heated arguments till november 2008 i was visting her but after one fight she told me not to come and see her and see has also thretended of comitting sucide more then thrice. so i thought she would change as time goes by but the communication between both of us stopped in november 08 itself.my son was born in january 09 and i was informed by her father after 20 mns of his birth through phone.My family went and saw the kid and
I was with her daily in the hospital and I was never informed the discharge date & time
I helped them to discharge and dropped the bags in her home. She told me not to stay in her house and can stay for an hour only if I want to see the kid maximum
After this I was going and seeing my child regularly but I was treated very badly by her & her parents. I was waiting for things to improve but that never happened…every time I went there she will be taking the child in the pretext of feeding and lock the door in one instance I waited for 1.30 hr and then only I was able to see my child for few seconds
The last time I visited was in April 2009 and she dint even show the kid for seconds…
I am hurt @ her behavior & her parents behavior…and in June 09 My mother called her father and asked him when are they going to send her bak with the kid and he said
still they have not decided on that, there is no security for her there and she is afraid to come there and he was giving all false allegation and also thretended of dowary harrasement case and then she called one of the relatives in july 09 to there home and explained the situation he is good person who wants both the families to unite but she was adament that i need to come out of my house and live with her near her parents place at the end it did not go anywhere and i tried callinh her now on october 09 since november08 she has not spoken to me so i did not get any response now also i tried sending sms and finally i got an answer from her fathers mobile stating that she is not intrested in talking to me and and whatever I have to say has to be sent to him in writting so i sent him asking if she is interested in living with me as husband & wife and this was sent 9 days back and there is no response from her end even after sending repeated reminders but i was able to talk to her brother and he says she was only speaking about the past and is not going to reply to my question.
In this state what should i do?how can i get back her with my son?if i go leaglly what are the options i have and if i go ahead and do it what will be the reaction from there side?If i go ahead and file child visiting rights & RCR can this proceed to divorce or reunite?What is the sucees rate of RCR inreuniting?
pls ans the above questions as i am confused on what step to take
Sir, I advise you to file RCR as soon as possible. Though RCR is a legal remedy to reunite both of you, it is upto you both to decide whether to stay together or not. If it doesnt work, after a year, both may seek divorce. Filing RCR is a best option left for you before they take steps to file for divorce or S.498A or worst is DVAct against you.
before initiate any legal proceedings, why don't you arrange for a meeting with all family elders from both sides and talk. Since I understand that you want your wife and child back, better do whatever you can before approaching the court. Take your parents, and go to your wife's uncle/relatives, arrange for family discussion. Discuss all the issues try to resolve it. MAke sure both parties relatives attend the discussion. Hope this can solve the issue. All the best
to update you on the status i have gone to my wife's place with my friend and i saw that my kid is with the maid and she has been working for last 3 months so when i enetered there house she & her parents were not there and i spent some time with the kid and gave the maid all that i got for my son and late afternoon i recieved a call from there local police station that there is complaint against me from my wife and they have asked both parties to be present in the station tomorrow. i have consulted with my lawyer and he is coming with me now in this scenario i know this leading to divorce so pls answer the folling queries i have
how can i get my son in my custody?
is there a chance of saving this marriage?
what will be the maitenance i need to pay and what are the steps to reduce it?
also i want this to be closed at the earliest and move on with my life so what are steps i need to take
Advocate High Court Chandigarh M:09814110005 email:email@example.com
Appear before police and submit ur reply that u want ur wife and children back but she is not willing to accompany u at any cost. Then police will also submit thier report when u will file the case of Restitution of Conjugal rights.
they have actually complained against me as attempted to kidnap my son i went with my lawyer and reply was filled and any further proceedings will be handeled in the family court which was given by both me and my wife. i am planning to file RCR with child rights in the next week.
but she and her family wants divorce which was told infront of police.