Legal Question in Family Law in India

hi,

I'm 27 yrs old now.i got married in 2007.it was a love cum arranged marraige .complete cost of the marriage was borned by me .We have not even taken a single rupee of dowry.after 5 months my wif ehas left the marital houe & refused to join me.after all the attempts of convincing her , I have filed RCR in 2009 jan.I have a son of 1 year old.till now they are not even allowing me to se the kid also.Till now we were forcing for mediation where as they are trying to escape from this ,now mean while they have filed a petition asking for travel expenses.Now the court has passed the order to pay travel allowances.Now my advocate suggests me to convert the same petition for divorce,on this he also says as the maintainance has to be paid to kid for which i'm ready,but will she also get alimoney/maintainance if i apply for divorce.she is working women earning >10 k /m,wil i be liable to pay maintainace to her?now she is not ready to join me nor to give divorce?i have the proof for all their false allegations??Now what should be my step?i'm the 1 ly son to my aged parents .they are completely dependable on me,,i'm confused,,whether to continue the same RCR or convert the petition for divorce or to withdraw RCR and keep quiet for theer movement.I dont want to rejoin with her.Kindly assist me,,,


Asked on 10/05/10, 3:50 am

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

it is better you try to sort the matter out for the sake of your son. there is no major problem between you both that the intervention of lawyers or courts is required.

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Answered on 10/05/10, 9:26 am
Vishwa Arya Arya & Co.

i have answered this question before. If you have decided that marriage cannot be saved, you may withdraw the RCR, file an application for divorce, an application for custody of the child as welll as visitation. She will not be entitled to maintainance as she sis working.

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Answered on 10/06/10, 10:49 am


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