Legal Question in Family Law in India
Hello Sir !!! I got married on 28th Nov. 2004....Since after my marriage there is lot of interference of my In Laws in my family life due to which my family life has been disturbed very much. Now the current situation is like that I also got daughter on 20th April 2007. On 7th September 2010 My Wife left my house with my daughter to his parents in a very normal way.....here i would also like to say that before leaving the house I got a quarrel with her on some topic 4-5 days before but after that she was normal till the date of leaving my house with my daughter to her parents ..........Now her parents says that she dont want to stay with me any more......and she want divorce from me ......Sir I got agreed on this point with them ..........Now the point is that its now almost 5 months neither I am able to meet my daughter nor her parents are getting forward to file divorce petition infact everytime they are giving me excuse and getting linger the divorce matter day by day........Sir now what should I do .......??????? Pls help me out through your experience that by doing this what her parents wants from me actually...........and what should I do further.????????
2 Answers from Attorneys
What do you want ? Do you want your wife and the daughter back or no ? If your answer is yes then you can file a petition for restitution of conjugal rights against your wife or else you can file a Divorce petition giving all the reason of your divorce.
in my opinion too, if you want to live with your wife, you file for Restitution of conjugal rights under section 9 praying for direction to wife to come and live with you in matrimonial home.
Secondly, you may also independent of above, file a petition for custody and/or visitation of girl child. visitation is your legal right. for custody, you will have to prove that you can take better welfare of the child as compared to wife.