Legal Question in Family Law in India

Hi, this is Vinay from Surat.

On 2-2-2015, my wife Left for her father's home with my 6.5 months child on a very silly reason. She has prepared Poha and I didnt like the taste and my voice was on a higher side. And she immediately reacted and said "I don't wanna Stay in this house." Later her Parents came and everything was settled down. On the same day, her mother and brother started calling her continuously to return to her Parents home. At the time of leaving her matrimonial home, she told that she will return back in 3-4 days. And now it's one year she is not willing to return back. In between we tried several times through our relatives, her relatives and mediators of our society(Samaj) but she was unable to take any decisions due to her mother's influence. Firstly, She accused me of consuming alcohol daily, then she told people that I am mentally disabled and lastly she accused me of having affair with my bhabhi(sister in law). But nothing was proved as all things she was saying was her mother's word. My child's birthday came and they didn't allowed me to see him. We are unable to understand their thoughts and proceedings that what are they thinking about this relation whether they want to end or they want to keep this relation. Due to this mental torture from last one year my while business got disturbed. I am willing to settle this in positive way and still want to live the relations with zeal and enthusiasm with love and care. No case has been put up from either side.Now pls help me and suggest the solution.


Asked on 2/01/16, 11:47 am

1 Answer from Attorneys
Vivek Mapara Vivek N. Mapara

Dear Sir

Legal proceedings should be the last resort, as you can certainly file proceedings for Restitution of Conjugal Right before family court Surat, calling upon your wife to adhere and fulfill the matrimonial relationship.

However, once you start with the legal proceedings, then from your wife side they may sight arrays of legal proceedings, say maintenance, violence, 409A, just to harass you.

What i would suggest is go for pre-litigation mediation. All courts have pre litigation mediation facility. They would call both the parties and try to settle the issue and prevent from going to court.

If this is not successful then the only option you may have is court for RCR proceedings or divorce.

Good Luck. Feel free to contact should you have any questions.

Vivek N Mapara

www.vnmlaws.com

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Answered on 2/02/16, 6:14 am


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