Legal Question in Family Law in India

I am a Commissioned officer and a Squadron Pilot of one of the prestigious Squadrons of the Indian Air Force. I am the only son of my family and my parents and my sisters are fully dependent on me and my income. I had an affair with a girl from Jan 2007 and later on I married her on 31 Mar 2008 against the will and wish of her mother & sister. Even though more than 3 years have passed after our marriage, we could barely stay for less than 6 months together because of her educational commitments abroad, her pregnancy and delivery in India etc. Once she came back from abroad in Oct 2009, she became Pregnant and thereafter her family members never allowed her to come and stay back with me. Soon after our marriage she used to frequently create problems in our family because of my love and affection towards my family members. She always used to oppose me giving money to my parents & sisters. She always tried to create rift between my family members & me by exaggerating every silly issue which used to happen in our house. It was her habit to talk bad about me to my parents and sisters and talk bad about them to me. She also had a habit to do everything as per the instructions and ill advices of her mother and sister. After marriage also her sister and mother never behaved well with me. Also on many occasions she enacted to commit suicide in front of me and my family members for every silly quarrel between us. She has a habit of getting violent every time any silly issue pop up between us. Most of the interaction between me and her was through phone or internet because she was away from me for the bulk of the time. Even though she got pregnant during Oct 2009 we stayed for may be 2-3 months between the period Nov 2009 -to- Mar 2011. Her father is a Psychiatric patient her mother and sister is the decision makers of her family. They have got so much of influence on my wife and they misuse it every now and then. Her mother & sister wanted her to marry someone who is locally available in kerala and can stay at the in-law's home for the rest of their life. That was the main reason of the opposition& objection for a marriage with me. Even though my house & my in-law's house is at a distance of 22 Kms, My wife always resisted to stay at my house even when I am available at home on vacations. Her mother and sister always used to tease my sisters asking them on many occasions to find out someone for themselves and go out of our life. These kind of behavior of my wife and her family had put me under tremendous stress. In the month of Aug 2011 my sister got married and my wife did not even attend her marriage. Also she wanted to go abroad and do her PhD since she already had an experience of 02 yrs abroad. I was partially in agreement to it but I told her to wait till our kid attains atleast 3-4 years. But her mother and sister forced her for going abroad at the earliest.

Recently in the month of Feb 2011, I had to come home urgently for the purpose of my sister's abortion when her husband, her mother-in-law etc were not available at kerala and even my parents were abroad in Malaysia. My wife objected me coming over here and she tried her level best not to allow me to come over here. But because of the gravity of the situation I ignored my wife and rushed to kerala to help my sister overcome her situation. But from the day I came, my wife started creating problems in my home and she quarreled with me and my family members many times almost on a daily basis. She stopped doing any house hold activity and even stopped looking after my baby's needs. This infuriated me on many occasions and I asked her to help my mom in the house hold activity and looking after my child. But everything went in her deaf ears. On 02 Mar 2011, because of a silly issue of Biryani , she started quarreling with me and my family members and exaggerated the whole issue enacted drama of committing suicide and then called her sister, parents and her uncle & aunt to my house. Her sister and other family members came joined my wife and abused me and my parents and sister by using such utter filthy words and then they forcefully took my child away from our family.

While going, she took my Passport with her without my knowledge and then applied for the Birth Certificate and Passport of my child by forging my signature and then obtained both the certificates by 24 Mar 2011. When official requirement arose for me to go abroad, I asked her through emails, phone, registered letter etc to return my Passport immediately but she denied to hand it over. Because I was in Assam in connection with my Job, I had send my father to her on 4 occasions to get my passport from her but she embarrassed my father and refused to hand it over. Further it came to our notice from reliable sources that she is trying to elope abroad with my child. If she would have gone abroad then I would have lost my wife and kid forever. We had no other option to stop her and was forced to file a case against her for detaining my passport and forging my signature in Passport application and also trying to abduct my child abroad. But I had already informed her that I will withdraw the case if she return my passport, apologize for forging my signature and give an assurance that she will not take my child abroad. But her cheap ego did not allow her to do this and she continuously stays with her sister's family. She in-turn filed a counter petition for 498A against me and my family and now we are contesting against it.

In between we had sent a legal notice to her asking her to come and stay with me but she replied it with vulgar allegations and cheap and cooked up stories. She alleges me that I demanded more money and dowry from her and also she says that me and my family even tried to abort my wife's pregnancy. I know that she has an inclination to stay with me and come back and live with me but her family members are not allowing for this. Their continuous brain-wash and ill advices are forcing her not to apologize with me and even stopping her to come back to me. She had told me over email and phone that she wanted talk to me face to face and sort out our issues. But when I finally came to kerala from my work place her mother and sister are not allowing her to even meet me. We took the help of Local Police for a compromise and mutual counseling and she agreed to it at the police station but backtracked from it after going back home because of her sister. We then went to the District Superintendent of Police to ask help and she called the girl but she did not come. The SP even directed the case to Women Cell, Ernakulam District to call the girl for counseling but she and her family members refused to come for that also. The Women Cell authorities asked us to move to the Family Court.

Knowing that we are proceeding for Restitution of Conjugal rights in the Family Court She filed a petition for Divorce at the Family Court, Ernakulam, Kerala on the date of 04 Aug 2011, by alleging cruelty against me (as the ground for divorce). There is no way that she can prove that I was cruel with her. I am sure that once she is out of the web of her sister and mother she will be able to come back to me. But at present the possibility is very less since things have gone out of control. Also she filed another petition against me and my parents for attaching our property by alleging that we owe her Rs 24 lacs including her belongings and gold. The truth is that we have not even seen her Gold since she only used to operate the locker.There is proof also for that. In spite of all these, after thinking of the future of my child, I am fully ready to adjust with her whatever is her behavior. But she is adamant on divorce (Out of Compulsion of her sister and mother) and the Family Court has posted for Ist hearing on the date of 18 Aug 2011 . Subsequently on 06 Aug 2011, I filed a petition in the same Family court for Restitution of Conjugal Rights and the Court had posted it for 16 Aug 2011 for Ist hearing. I beg your kind attention to this matter and would like to get your valuable advices on the issue. Also my lawyer is demanding Rs 15000/- for just filing of Restitution in the Family Court. Also he does not speak to me openly and he did not even discuss the case matters in detail. I am totally worried about the credibility of my lawyer since he does not seem that efficient. Also I am in doubt whether he is just interested in money.

Sir, kindly give me some advice on this issue as to how to present my case in the family court and also please be kind to give me an advice about the approximate expenses which I might incur in this regard for each hearing and also for the entire duration of the case. I dont want to loose my wife and my kid at any cost because I know that it will completely spoil my child's future. Once this marriage is broken my child's future is finished. Please take this request as an urgent one and please respond to me at the earliest considering the seriousness & urgency of the issue.

Thanking you in anticipation

With warm Regards

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