Legal Question in Family Law in India

Sir,

Kindly suggest, My MIL always try her level best that we both should quarrel, even my hubby supports, he never accepts his mothers mistake but try to torchure me by listening to her mothers words. I have got 3 yrs boy, she wants to look after my son, i agreed for that, she wants to look after my hubby, she never allows to sleep together. She made separate house, but made my hubby to stay at her house only. If i ask my hubby to come home, he says he cant come bcoz we both will quarrell. She stands always behind the screen, brain washing my hubby against his wife.

Now, me & my kid sleep alone in the house, she is least bothered about that.

My parents asks me to be patient & wait for some more time. Even our parents, & relatives spoken to them twice or thrice but he is not ready to come & sleep with me in the night. He says nobody has brain washed me but he himself doing on his own, but i am dam sure that my MIL brainwashing him.

Now, i am worried & scared that , what will happen to my son, my family & myself.

I am not interested to go for divorce, but even he is not telling his opinion clearly. He says keep quiet as of now? I am getting disturbed mentally, he says he is also disturbed mentally so doing some "NIRVANA" course to become a saint , sometimes he says to be quiet, sometimes he says if i dont look after his mother, he will torchure me ? but i am scared to stay in my MIL's house bcoz i tolerated her torchure for 3yrs of my married life. Now i cant.....

Can any of the advocates,

1) kindly suggest have you come across such type of cases, if so what would be result at the end?

2) kindly suggest, i am not interested to go for divorce, i would like to save my marriage &

family ?so what would the court suggest if a wife disagrees?

3) how long will it take to decided a case like and on what basis husband gets divorce

from the court even after wife refusing to go for divoce.

4) I dont want to loose my son at any cost-- wht about him in the cournt

5) My MIL is having own house in her name - so wht would the court say regarding this

she has got 2 more grand sons staying in london.


Asked on 3/18/11, 12:35 am

1 Answer from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

I have few questions with regard to your case and plight but i am answering your queries chronologically with whatever information you have put on this site.

The answers are as follows :-

1) I have seen many cases on the same pattern but different on some issues. If you are able to have a full proof case then ofcourse chances are much higher for women to win. It depends on the facts mentioned of the case and how beautifully it is drafted and pleaded by your lawyer.

2)Wife disagrees on what .Is your Husband planning to file a divorce against you ?

3) Contesting Divorce definitely take a lot of years than the Mutual consent Divorce.

4) You will not loose your son at any cost . Your right over your son are much higher and stronger than the father.

5) Grand Children have no right in her properties . she can will these properties to any one or if she dies intestate then the properties will devolve upon her legal heirs only and no one else.

I think i have made myself clear to you. Should you have any more queries or clarification(s), please ask me through email or cell and i shall get back to you .

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Answered on 3/18/11, 1:01 am


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