Legal Question in Family Law in India
my wife has deserted me with a kid, and even is not letting me speak to her over phone. It has been so since past 6 months. Now if I say I wish to come and see the child, she threatens me with 498a. having stayed away for so long, how can she book me for DVA or dowry harassment? I have not even taken a single rupee from her or her family in the six years of our marriage. The child is very dear to us, i.e. incl. the grandparents. She has deserted me for no reason whatsoever and has been negatively supported by her family, esp. the elder brother. is it true now that 498a has been amended and the police cannot make a direct arrest? the kind is a girl child of 4 yrs, and it is owing to this reason that that she is bullying us all. there are two questions that I wish to ask besides the above:
1. I have got heart problem and suffered ill health due to this tension. can i file a suit against her for cruelty, desertion etc?
2. is filing an RCR a chance-taking, becasue i am told the court might ask for paying interim maintenance of its own? can it boomrang?
3. are false allegations not violating the law?
4. if I try to take possession of the child, since I ahve got connection in the ministry, and get away with it, can I seek injunction and restriction againstt her? Does she not have to have the custody of the child legally awrded to her for her to be able to claim the possession? How does a father, a legal natural guardina be stopped to be with his own kid? where does the DVA come in to play in this? is it on the contrary not the domestic violence and extreme cruelty on part of the woman who has taken such selfish, henious, abhorrant, abominable and descipable step by deprving the child of her right to the father's love?
is there no provision in the entire indian legal system that protects males agaisnt the cruelty of te wivies?
I would be very obliged if all my queries receive proper guidance, especially about the amendement in 498a. Or is it so that since it's a chief source of bread and buter for family and divorce law layers that they have unanimously decided to play possum and not let the truth be known?
I expect an honest answer please.
1 Answer from Attorneys
1. No such suit may be maintainable; instead it may boomrang and cause you harm than any benefit;
2. RCR may not be a viavble solution. Instead, you should try to send her sufficient financial support for herself and the child as interim maintenance without any court order.
3.The truthfulness of allegations is proved in court and not by your own assumption.
4. You may not be allowed to use force for 'altering' the custody existing as on date. Your connections in the ministry may be of no use in this situation. The males have a duty to keep their wives happy and behave in such a manner that they do not desert.
The honest answer is : stop fighting; forget litigation; manage your affairs in a happy manner; if you cannot manage things, try counselling; forget legal rights, remember your duties; and at the end, try to avoid any legal action. The legal process may be time consuming and costly without guaranteeing any certain results. Try amicable settlement and bring peace and harmony.
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