Legal Question in Family Law in India

I (not my wife) belong to S.C.community have one daughter(2½yr.) stay separately since last 3 years.My wife stays at her mother's house from when she was 7 months pregnant.When I went to my in-laws house to return my wife & child back to me (then my child was 3 months) my in-laws are insulted me and my wife couldn't want to come back.After taking all sorts of possible ways in order to keep the relation(for the future of my little child) I & my family members are failed.From then I have send money in the form of money order or At par cheques by registered post to my wife at her mother's house but she refused all till today and demands all the gifts of marriage.I have got the decree of sec-9 in Feb-2010.We lead our conjugal life only 2 & half years.They humiliate me and threatens for sec.498 if I go for custody of my child.They could not allow me to enter into their house to meet my child.I now want for divorce.When should I apply so that I use the grounds for this?B4 that should I go for custody?Should I send her money as usually?Is it any help for me to compensation? I want an early result of this legal battle they do not interested for sec 13B.What should I do?As I am the backward class community member they humiliate me.Please help me----------

(Koustav)


Asked on 9/08/10, 12:53 am

2 Answers from Attorneys
Vishwa Arya Arya & Co.

after section 9 decree you have to wait for a period of one year. if there is no cohabitation for one year, you may get divorce. meanwhile you may file for custody of the child. If they had been returning the money order, you need not send again. this will come to your benefit.

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Answered on 9/08/10, 6:52 am
Devansh Bhardwaj Devansh Bhardwaj

Go for the execution of the Sec. 9 order first and see if it works.

FOR FURTHER DISCUSSIONS IF ANY YOU CAN CONTACT ON 9415109404 OR ON [email protected]

DEVANSH BHARDWAJ

ADVOCATE

LUCKNOW

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Answered on 9/09/10, 9:55 am


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