Legal Question in Family Law in India
Please help me...
Hi.. I am from vizag nd i am married in 2004.. my marraige went well for 1yr and then we were blessed with a very cute girl.. after the delivery my wife went to her parents house and after few days she gave a call and told me that she is not going to come back, the reason she told me was that she doesnt want to live wit me here with my parents.she asked me to come and setle ther with her parents , if not she would file a complaint against me, which she later did (sec498 A).(dowry and harrasement case) now the case is pending in the court of law.. the one condition which she gave was if i go to her then i need to leave my family completly and i shouldnt hav any contacts with them in the future which i dont like to do..now what shal l i do to get out of it..?? please help me with ur valuable suggestion..and can i apply for a transfer of case to my place as rt now the case has been filed in other city, which is her birth place..and if yes what steps do i need to follow..please help me..
2 Answers from Attorneys
Re: Please help me...
Hello.
Transfer of case is not the solution to your case.
First of all your wife has a strong case against you.
I would advise you to approach your wife with a positive attitude and apologize for your mistake and settle the matter amicably.
Re: Please help me...
(1) You may not succeed in getting the case transferred. On the contrary any case that may file may be transferred to your wife's place of residence.
(2) Your wife got hurt during her stay with you and your family. You ought to have tried to know and repair her hurt feelings.
(3) Since she had filed a complaint within seven years of marriage, there is a presumption that you and/or your family has committed cruelty against her. Thus prima facie there is a strong case against you.
(4) You have not mentioned about her source of income; or any financial support provided by you for her and the child. If not done already, you should immediately start sending her a reasonable amount towards supousal/child support.
(5) You are strongly advised to consider repairing your married life by approaching your wife and her parents with a positive mind, apologize for the mistake, try to repair the injured feelings, and try making a happy home with your wife and your child.
(6) The litigation will be costly and time consuming with uncertain results. If you are unable to reach an amicable settlement with your wife, you may better seek the help of a 'mediation center', if there is one in your area. In the alternative, you may seek the help of relatives and friends from both sides and make sincere and serious efforts for restoration of your married life.
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