Legal Question in Family Law in India

Dear sir,
I have been separated from my wife and my daughter for the past one year, Recently i sent an legal notice by my advocate to join the matrimonial home and in notice advocate stated within two weeks if my wife does not join matrimonial home we will file RCR.
My question is whether she has not even replied to my legal notice , legal notice was sent on Oct 5 2010, will the legal notice directly sent by the court or from the advocate, he said he is waiting for the acknowledgment, when he will receive the same and what will happen if there is no response from my wife as she is not interested to return back to my matrimonial home,
my problem is detailed below as you should not mistake me of my cruelty or some thing wrong on me
Marriage was fixed through matrimony website,my self was working on behalf of icici bank personal loans and was earning well, i told a lie that i have completed degree, but i was having arrears,i did not consult my family for marriage, my wife had a brain tumor knowing this i married her, my family members said no for the marriage, and considering my wife health i asked my father in law to see a house near by them,but unfortunately every thing went bad first i got a loan from my father in law of rs 50000 before marriage, because my father was not financially sound to conduct the marriage,to buy dresses and mangal sutra for my wife for that purpose i borrowed from my father in law,without any interest, and i lost my job in icici after marriage and suffered for 6 months without a proper job so i pledged my wife jewels with her permission for 1,00,000, for which i gave a two blank cheque ,with interest from his friend both are state government employees, without a proper job was paying principal and interest , and my father in law threatened me that i will put a case by depositing your cheque ,for not paying the interest and principal, father in law does not believe me in sending my wife for a living . she had a brain tumor before marriage and i married her by knowing this, due to financial problem i pledged my wife jewel including( 150000). they even taken my jewel which they offered me on my marriage , i want a solution to live with my wife, they tortured me like anything because of this me and my wife got fight between, now they don't believe me sending their daughter with me , i want a solution whether to live with her or to divorce her.even my wife nodding her head what his father say . if she comes and stay alone with me i will take care of her, he used abused words to me and to my father, please suggest me what to do and now i have settled 60k out of 1,5 lakhs .they have taken all the things which they offered me on marriage like fridge, TV, washing machines and other house hold furniture's i have even given my wrist watch which they presented me on my marriage, i don't want their money and other things , am not money minded , my father in law gave me the loan through their friend both are in state government my father in law also done BA LLB , i need a solution for this big problem,i want to live with my wife permanently in my place but they are asking to stay near by them, i think this is not fair,please suggest me on this, recently i contacted them but they are not ready to speak, am worried about my life and six months old daughter, what should i do, recently i heard that they plan to divorce me what should i do? neither again i cannot speak to them ,

Asked on 10/13/10, 8:40 pm

2 Answers from Attorneys

Vishwa Arya Arya & Co.

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You have to thank yourself for the present situation. If reply to notice has not come or does not come, it will be good to file RCR if you want to save marriage. Since you married knowing Brain tumor, you cannot claim cheating by her father. You need to consult your lawyer in respect of the alleged loan amount which could possibly be for the treatment of the daughter by the father. Father gave it to her daughter for the treatment and not for loan to you.

Answered on 10/13/10, 10:58 pm

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