Legal Question in Family Law in India
i am 34 yr old hindu working with MNC, married since 3yrs,my wife is not living with me since more than 2yr, i have daughter of almost 2yr old. I along with my parents tried all effort to bring her back by talking to her parents, mediocre, relatives many time but we have received any good response. Its been more than 2 yr we are not living together and my daughter is aslo lving with her with my in-laws. Please suggest next step - should i file a case under Section9? I am afraid if i file a case they might file a case under 498a, or should i file a divorce case and then child custody? really dont want to spoil my marriage n my child's future.plz help
2 Answers from Attorneys
Yes you may file Sec.9.It may help you in case they file 498a against you , it is also helpful for child custody
You should avoid any kind of litigation.
(a) Try reaching your wife and her parents directly as also through relatives / friends.
(b) start sending her adequate financial support for herself and the child;
(c) start displaying visible signs of your love and affection towards your wife and the child without keeping anything adverse in mind about the past.
You should consider an amicable settlement and avoid litigation.
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