Legal Question in Family Law in India
Section 498A, Divorce, Child Visitation/Custody
I slapped my wife (W) 7 times during our marriage from July 1997 to Nov. 2000 at our home in Delhi. Son born July 2000. Subsequent to intense altercatation I had slapped my wife several times in November 2000 when she finally left with our son to live with her parents at Delhi. Then she filed a case of Divorce and 498A. Dowry allegations could not be substantiated. 498A case is proceeding & waiting for croos examination of W & witnesses. I get angry when ethics are violated or I am unable to understand a certain point of view. While I have hurt my wife, there was no malevolent intention against her except the fact that being alone in Delhi, I was trying to gain control of the situation. Having understood the above, I have been trying to reconcile because I believe that I must make the marriage work particularly since we have a child and he needs both us. Although I have been sincerely trying till date, my wife keeps responding rudely 'GET LOST', probably because she is happily living with son & parents and doing a good job. I live and work at Kharagpur. I pay maintenance for my son as per court order. I have visitation order, but unable to visit son. W demanding 15 lakhs for divorce & settlement. I want to meet son. Kindly help.
5 Answers from Attorneys
Re: Section 498A, Divorce, Child Visitation/Custody
please dont admit any where that you have slapped your wife during your marriage life. you may be rihgt in slapping your wife under those circumstances but the fact is that you have physically assaulted your wife. coming to your question as the case is already in the court and i hope you have already engaged a lawyer you can positvely follow his instructions and advice. definently she must be very happy with her child, job and living with parents.. what i understand from the situation is that you feel that you have been left alone. your wife is really afraid if she again joins the family life, what is the guarantee that you cannot behave like past. in case of divorce also you can take custody of child. in case of detailed suggestions and advice pls contact me.
Re: Section 498A, Divorce, Child Visitation/Custody
Please contact personally alongwith the details.
OR
Consult a local lawyer.
Re: Section 498A, Divorce, Child Visitation/Custody
You can complaint for violation of visitation rights to the court
Re: Section 498A, Divorce, Child Visitation/Custody
You have to file for child custody. For further advice and action you have to contact this office personally or take advice online upon payment of applicable fee.
Re: Section 498A, Divorce, Child Visitation/Custody
You need to virtually crawl on the feet of your wife publicly if you are sincere and serious to save your marriage and want a happy access to your child. the demand of 15L is too less for your brutal behaviour. if these charges are proved and your wife refuses to forgive you, you are likely to suffer a prison term.
to begin with you should shower extra ordinary love and affection on your wife and child; and spend lavishly on both of them; pay the money without waiting for court order and in excess of the order.
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