Legal Question in Family Law in India

Dear Sir,

My wife has gone to her mother's house 8 months back.

She says she does not like to come back and live with us. We were 5 people i.e., father, mother, myself, my wife and my son.

Now she has given court notice seeking custody of child, monthly maintenance charges for herself and child and a share in the property. The property is only one house, which is self-earned property of my father and in the name of my father.

Our marriage is held in Aug.2000 and son is 7 years old.

Please tell me what is the recourse for me?

I am calling her back and requesting her to join the family, since my parents are old aged (76 and 72) and I am not in a position to leave them. I am the only son and dont have any brothers or sisters.

Regards,


Asked on 9/13/10, 5:31 am

2 Answers from Attorneys
BHUPESH NARULA NARULA&ASSOCIATES;

you have to pay her maintainance till she comes back, you can file a petition for restitution of conjugal rights, you have to defend the cases filed by her also, Try to settle the matter through mediation.

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Answered on 9/13/10, 7:35 am
Vishwa Arya Arya & Co.

She even may not be entitled to maintainance if she left matrimonial home without rhyme or reason. She will have no share in the property of your father. Custody also you may contest as the child is seven years only and happily living with you. she has not cared for the child in the past. Also as suggested by Mr. narula, you may file a petition for restitution of conjugal rights if you want to bring her back.

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Answered on 9/13/10, 8:40 am


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