Legal Question in Family Law in India

I married on 27/5/2001. Due to quarrel b/w us my wife injure herself to register FIR(107/116(3)/151 crpc) on 08/09/09 stating divorce, but it is mutually comprised in SDM, but after few month I had to live forcefully in father-in-law's house to convince her to bring back to my home(becoz I have a daughter(13 yrs. Now) living with me since birth) but my wife refuse to back home & again file FIR(107/116(3)/151 crpc) on 18/8/2010, in their PS stating "don't want to leave her father's house". And I was faced SDM again, but final order from SDM(u/117) shows the case was b/w state vs me. Now I am living with my parents with my daughter after separation(6 yrs.). So what will I do now, whether I file for divorce, or for justice(to neglect her daughter) or should I wait till my daughter become 18 yrs., please help me what's my rights? So that I can proceed for.


Asked on 7/22/16, 12:52 am

1 Answer from Attorneys

1) The decision whether to file divorce has to be taken by u in the circumstances of the case not by the lawyer.

2) The child custody case whether filed by wife and the court order is unknown. The daughter custody goes to mother at this age.

3) Consult the lawyer appearing on ur behalf who can explain better in detail

based on facts and proceedings of the case.

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Answered on 7/22/16, 2:00 am


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