noo need to pay Rs 25 lakhs
2) Rs 15 lakhs offer is fair and reasonable
3) you are entitled to child visitation rights
4) best option is for divorce by mutual consent wherein wife with draws 498A cases filed by her and grants you visitation rights
Wife left with her parents and living separately in another rented room with more than 5 yr old son
Some 11 months back I queried about my then situation on how to get my wife back and also discussed about child custody. Now situation is changed and moved in forward direction as stated. Just to summarise : We got married in Jan 2011 and blessed with baby boy in Dec 2013 but seems like she never liked me and hence I too response in same way. We do not live with parents in Gurgaon but in a rented house in Gurgaon at same place since 2011. After several talk between us, in July 2017, she left her marital home along with our son and her parents to a nearby room hardly 1-2 kms. She is living in a small room-kitchen along with our son. Since then me and parents of both sides approached her to reconciliation but all in a vain.She is working lady and earning upto 80K in a good MNC in Gurgaon. She only allows me to see my son in park near to her home and that too fixed time from 6-7 PM on Saturday only. Since she left I paid her extra 10K and fees of our son every month. I don't want any divorce but parents of both sides and she herself want divorce on mutual consent. I would have agreed on mutual consent divorce but then I think of my son. Next present situation : I filed a RCR(Sec-9) in Lucknow family court on April 2019 and same was received by my wife by May 2019. On 15 June, 2019 I received call from Mahila Police Thana, Sonipat that my wife raised complaints against me under section 498A. This case also include my parents as well. I had 2-3 meetings of mediation at Police Thana, Sonipat but in vain and with no luck. Even ASI is also requesting me to get rid of her. But then I start thinking of my son and his future growth and development. Even ASI knows that all complaint against me are invalid but she has to go as per process which may take much of my time. During my visit to Mahila Thana, I also once discuss with my wife about next consequences if we get divorce and we should re-think and unite for at least for child growth. But she is adamant on her decision. Now ASI send my case for ADR and I am still waiting for court summon for mediation. Once during my visit to Mahila Thana, Sonipat when I was alone my father-in-law told that I should give him Rs.25L otherwise he will ask his lawyer for more litigation against me, which I respectfully denied and said that I am not wrong anywhere. However, in September 2019, my wife should come to Lucknow for case hearing on 27 September 2019 for which I heard from their advocate that they will be present at Lucknow along with her father but not sure about my wife presence. Recently, since no ADR summon is received, me along with my parents met their lawyer and proposed for 15L for which my father in-law did not agree.I request everyone to please guide me again on child visitation conclusion and his welfare for which I am ready to pay as much I can. Another point is that my wife has now changed her address location along with my son. I last met him 2 months back and now no reply on email,phone.
Asked 6 years ago in Family Law
Religion: Hindu
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17 Answers
Changing address doesn't now helps now, when once there is already sufficient service of notice upon her. She will have to appear in Lucknow, otherwise the Court will proceed exparte.
Also, file an application under Guardians and Wards Act seeking custody of your child. Seek visitation rights as an interim measure.
For child custody/visitation rights, have to file application in court. And don`t offer them anything, just gather evidences of your innocence, their blackmail and she only deserted you.
Than she herself will come for compromise and even after OT settlement she can claim more maintenance, hence don`t disguise with her offer.
Her address you can get from Mahila police, complainant cannot hide after filling complaint. Her address must be with MP.
The rcr application has been filed and she would have to reply as to why she is not staying with you. If the court does not find her answer to be satisfactory it would be a ground for divorce. As far as other cases are concerened they have been lodged in gurgaon and you have to engage a lawyer there as the mediation has failed and an fir would be lodged.
Regards
You can file for joint custody of your son in a court of ward.
- You can file a suit for the custody of your child on ground of child welfare.
- Also if there is any visitation rights given by court, contempt petition can be filed against them
- You stand is right to avoid paying alimony at this stage. Must wait for while and then decide.
Regards
Vivek Arya
See firstly you and your wife should come to mutual consent terms in this case and you should ask her to agree on reasonable amount in few portions, give you child visitation regularly and half vacation custody and further withdraw all case. If these all conditions are settled mutual divorce agreement can be made and a joint petition for mutual divorce can be preferred.
Further see you cannot force her as such to reveal address though file for custody of child and for same you can ask her to furnish the address of the child.
You will certainly get visitation rights if you don't get custody. You can claim joint custody also. You can file application in court to get her new address
Dear,
Mutual divorce is best option first.
You have a right for visitation of your child.
If you want custody than file petition in court for custody of your child.
Second whenever they demand money, record their statements.
They want money only from you, don't accept their offer.
If she is earning more than you then the chances are that you might not have to pay any alimony to her but it is completely on the discretion of the Court to decide whether or not alimony should be given or not. You can get few salary slips of your wife in order to prove that she earns more that you. Firstly try to sit and discuss with your wife alongside a mediator regarding the problems being faced by both of you and thereafter decide about getting divorced. If the meeting is not fruitful atleast talk about getting mutually divorced since that will take a maximum time of 6 months while contested divorce can take years to settle.
As a biological father You have full right to meet your son whenever you want. If they take any legal step against you then you also need to take legal step against them..
You will have to file a child visitation case against her before the Family Court Sonipat and on the first date or second you will get the visitation order.
fight is nothing except to loss of money, time and peace, but if you are not wrong than fight the case on merit and give her a lesson and file a case against her father for attempt to extortion under section 385 of IPC.
create pressure upon her by legal means and when her father personally, indulge in the criminal case, than she may be understand or feel the same
Feel Free to Call
Dear Sir,
My answers are as follows;
What immediately i should do now to make her obey the orders?
Ans: File execution with police help.
Can i file execution in the same FC and can i seek police intervention in the petition to make her obey the orders?
Ans: Yes, it has every powers.
Do i have to wait for execution filing, until she appeals in HC or can i do it without waiting for any of her appeal?
Ans: If you allow her any more time she may get a stay order from High Court. Enough is Enough
When i should file contempt of court and what will be the best strategy to make to see my kid soon.
Ans: It is only give you right to file execution and not contempt but as she is deliberately disobeyed so you may also file contempt before the High Court.
You file a child custody case along with an application seeking visitation rights as an interim relief.
You do not have to pay her father any money he may demand, simply refuse, ask him to go ahead with anymore cases against you which can be challenged as per law.
Your in laws and wife are playing on yor weakness towards your child hence you pretend not to be so much affected on that issue so that they may think about some other strategy or then may even come down for negotiation.
Dear
You should go for mutual consent divorce and ask them to settle for a less amount and child visitation rights in which you will get weekends or alleast two days on which your child stays with you.
By way of mutual consent divorce she will have to withdraw her police complaint as well.
- As per the information mentioned in the present query, makes it clear that she has been using the criminal complaints as weapon to get huge money from you.
- The case which has filed might get turned into FIR also as the law of his section has again now be changed and PS is bound to file it after some mediation meetings.
- But, as you have already file the RCR and then she filed the criminal case, it also reduces credibility of her complaint and also she won’t be able to prove on evidence.
- So, you should try to take up them at less price or contest the case and also for the child custody before the court of law.
Dear Lawyers thank you for your reply. At this juncture I have few more queries which I thought to ask in this forum : 1. RCR hearing date is in September, 2019. By any means is it possible that opponent ask for some other date in first hearing itself? 2. In RCR hearing, what may happen if my wife even if not present on specific date of hearing, her father with advocate can prepare a false story against me saying she has already filed a police case in Sonipat, Haryana and hence want to take some other date, until false 498A case is running? 3. Because too much harassment have been done by my wife and his father, so is there any way that during first hearing itself court can give final order to go ahead for divorce or does honourable judge can ask for mediation? 4. As I mentioned before that after receiving RCR court summon to my wife, she left her original place and now not revealing her address and nor my son school location etc. Even her father/siblings are not supporting to meet my child. I emailed her number of times but no reply from her side. To meet my son, is there a way to apply for child custody at Lucknow court itself during RCR hearing or shall I put just an application to order to meet my child at least for few hours as interim relief ? However child with his mother is residing in Gurgaon but don't know their location. I don't want to go for FIR and make case more complicated. 5. Does mediation through ADR court (for which summon is awaited) at Sonipat and mediation during RCR hearings goes in parallel ? Just to explain everyone that I have been in no mood to think about divorce until my wife filed a false case against me and my parents at her hometown Sonipat after receiving RCR summon. But now I need to think over relationship and about welfare of my beloved son. Please guide me on how to go ahead because my wife is making things complicated and just for the sake of money either her lawyer or parents have framed wrong case on me and my parents.
Asked 6 years ago
Wife can seek adjournment on the first date to file reply
2) court would grant her time to file reply
3) court would refer parties to mediation
4) RCR cases take 5 years to be disposed of
5) you can withdraw RCR and file for divorce as even if you obtain RCR decree you cannot force wife to stay with you
He may ask but you can object to it.
The dates are given as per family court discretion and not as per 498A case.
Judge can ask for mediation to resolve the dispute
You can file FIR or serve the things on her fathers place. If she doesn't appear you will get exparte decree.
She will frame wrong case. You need to decide what have to be done. You want her back or divorce. No court can make you stay forcibly with wife
1. Yes, the opponent would be seeking time to file counter and the court may permit and allow time sought by them.
2. They may take time to file their counter to yor RCR petition, which is routine, you do not have to be so much anxious about it, allow the law to take its own course of action.
3. The court cannot decide on the case before it without conducting trial of the case, i.e., without following the procedures of law, however if she appears before court on the first date, the court may send this case for mediation.
4. For child custody and visitation, you may have to file a separate case, you can file in in Lucknow also.
5. It is not necessary, they are separate proceedings to that of the mediation in the RCR proceedings.