Legal Question in Family Law in India

I am Indian citizen. Married 4 years back. My wife deserted me 2 years ago. We have lot of differences regarding money and my parents. We have a boy child of 2 years old. Now she wants me to live with her at place near to her parents place. But in any case, I don't want to live with her. If she is ready for divorce with mutual consent, I am ready to give her maintenance as per court order. Also I am ready to give my owned flat to her with responsibility to pay all remaining EMIs of the Home Loan. I am ready to take the fathers responsibility regarding my child, limited to the court order. Still she and her parents are not agreeing to give divorce with mutual consent and wants me to live with her forcefully by hook or crook. My wife and her parents have nature to make very false statements to get what they feel good for themselves irrespective of the fact that I am only child of my parents. They already taken this issue to local Police Station to make wrong image of myself and my parents. If she goes in court for restitution of her conjugal rights, or for domestic violence etc., and court feels that we can live together without my parents and if orders me to live with her, and if I want to deny it (as we have already tried to live separately from my parents and still failed to live peacefully due to quarrelsome, demanding and false speaking nature of my wife), what will be max punishment for the contempt of the court?


Asked on 8/10/13, 5:45 am

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

There is no contempt of court involved in these situations. If you do not permit execution of RCR decree, that may be a ground for divorce.

however, the trouble is some where else. Within seven years of marriage, a woman is presumed to be victim of cruelty and domestic violence if she makes a report against her husband and/or his relatives.

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Answered on 8/10/13, 12:08 pm
KAMAL GROVER

Bro,

No need to worry with such a deep soul.

First of all she will not approach court for RCR etc. Coz she filed the complaint to the police now police will call you and file 498A and 406 case on you and your family members. So get ready for bail for your family and yourself.

Further court can never order to live separate from your parents, if u can prove this fact then it is ground of divorce for you. Coz pressurizing husband to live seperately from his parents amounts to cruelty.

Good luck

For more detail plz contact personally or email.

Regards

[email protected]

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Answered on 8/10/13, 7:47 pm


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