Legal Question in Family Law in India
Family-Law-Seperation-Divorce
I am separated from my wife and child. My wife has put some conditions like buying a joint property close to my in laws house before agreeing to live with me. She has denied me conjugal rights for more than a year now. She also prevents me from meeting with our child. I no longer trust her financially or otherwise. I am ready for a mutual divorce. I am afraid she will compel me to agree by not agreeing for divorce or put me in other legal trouble. What precautions I should take ? If I take a transfer to diff city, will it be considered as deserting her? Is it mandatory for me to make joint financial investments with her? How can I meet my child, when the child is with my in laws and wife does not wish me to meet child? I am main bread winner of the house. We both are Hindus, and married for ten years.
5 Answers from Attorneys
Re: Family-Law-Seperation-Divorce
Your situation is not very difficult or complicated; it has been made difficulty by some mutual mistrust or misunderstanding;
please do not consider litigation as an easy course or an escape route; the terms like 'desertion' are easier said than understood;
litigation will ruin you; because you will be liable to pay maintenance, litigation expenses etc. and creat bitterness;
You should try to find a solution for amicable settlement of the problem even if you need to swallow your ego for the moment;
do not forget, you are dealing with your life partner and you need to meet with your child;
once again, standing on ceremonies and ego may harm your interest than solving the problem.
the lawyers should be the last resort in family disputes.
Re: Family-Law-Seperation-Divorce
Why you want to live with her if she is so hostile towards you?How she can compell you as stated by you?It is not mandatory for you to make investment in any joint account or venture. Transfer to another city does not amount to desertion.For meeting the child you may approach the court by way of custody petition.You are required to tackle the existing situation tacktfully.Consult with details,professional charges are applicable.
Re: Family-Law-Seperation-Divorce
No there is no obligation on you, to comply with any of the conditions that your wife asks you to filfill.
Your prime duty as a husband is to keep your wife properly, give her life of diginty, maintain her, and not to give her tortutre or cruelty, which if you do not fulfill, then wife has cause against you not otherwise.
So if your livign wiht ur family, then continute to live, promise her, that there will be no trouble, if there has been in future, and call her back, if not, then file petition in court for restitution of conjugal rights. if she denies, then you can file petition for divorce, for desertation by your wife.
Over and above, you have all right of visiting your child, and she cannot restrain you. if she does, then you can file petition in court, claiming your guardianship upon your child
feel free to contact
Re: Family-Law-Seperation-Divorce
it is not mandatoryto have any joint fincial invetment. you can file case for getting vistation rights to teh chid
Re: Family-Law-Seperation-Divorce
your matter is at a complicated and very serious stage. i will suggest u to take personal meeting with a good lawyer
dont take it lightly. this website advice will not do justice to your problem
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