Family dispute

What is the Family Dispute ??

Legally, you are in a position to file a petition for Restitution of Conjugal Rights u/s 9 of Hindu Marriage Act, provided you are governed by it. However, marriage, practically is directly based on the bond between 2 people and if that gets permanently damaged, it is said to be irretrievable breakdown of marriage. In your case, it looks like you are willing to continue with your marriage while your wife is not. Therefore, I would suggest you to keep continuing with attempts to reconcile on personal end, while you can lawfully file for Restitution decree as well.
Although it is known to be ineffective in reconciliation, as your wife wouldn't be forced to live with you but attachment of her property by court might induce her to return and co-habitate which might give you an option to persuade her.

However, I also suggest you to keep your mind open about a divorce later on, because there is no guarentee that this marriage can be lawfully restored and your only sure shot chances of getting your wife back is through negotiation.

I strongly suggest you to get a legal counsel as there could be a lengthy litigation in line if this takes a legal turn.

Sir, I could not understand, attachment of her property. Pl explain Sir.

In my house, I am working and my wife is housewife. Since begining, I have made all my Bank Accounts joint and all purchased properties joint. But loans etc. I am repaying......... My children study in Secondary Section and soon going to be in Class VIII. What a bad effect, this may have on their mind due to ego of in laws?

What are the grounds of harasment by my wife side TO ME?

Can my Wife demand maintenance from me, while she does not stay with me?

Can I demand Children from my wife because I am in position to give better education and take care of them?

Originally posted by : SinghSingh
	Sir, I could not understand, attachment of her property. Pl explain Sir.   In my house, I am working and my wife is housewife. Since begining, I have made all my Bank Accounts joint and all purchased properties joint. But loans etc. I am repaying......... My children study in Secondary Section and soon going to be in Class VIII. What a bad effect, this may have on their mind due to ego of in laws? What are the grounds of harasment by my wife side TO ME?

In the suit I mentioned, i.e, Restitution of Decree, if the judgment is pronounced in your favour, even then your wife can not be forced to live with you. If she refuses, the court will attach any property in her name, which will be liable to be sold, etc. if she does not comply with the decree.

Also, you are right about the effects of such situations on the tender minds of children but there is nothing apart from mutual consent or family negotiations that you can do to repair your marriage. Grounds of harassment is an issue we would have considered when you wanted a divorce but here you seem to be interested in reconciliation more and I would say rightfully so, given the condition of the children.

However, still if it later comes to a divorce situation, desertion, mental cruelty, wrongfuly restraining you from access to your children, all this can be contested upon.

Originally posted by : SinghSingh
	Can my Wife demand maintenance from me, while she does not stay with me? Can I demand Children from my wife because I am in position to give better education and take care of them?

It is her right to claim maintenance under various provisions of law. However, to grant it or not is the discretion of the court and since here are quite a few grounds of her own wrong-doing, it can be properly contested and you can defend your case.

As to the custody of the children, Divorce or not, you could file a petition for Custody of your children under the Guardians and Wards Act or Hindu Minority and Guardianship Act. Again, your legal counsel will be able to help you better with that given you can discuss proper details of your case in that situation.

Sir,

I am intermittently threatened by my Brother In Laws. I am not allowed to talk to my +40 years wife.

My In laws still not giving any hint of their course of action. Confused as I feel, Should I wait and watch their next step.

What may be their possible steps

Originally posted by : SinghSingh
	What electronic evidence is admissible in the Courts in India? In which format? Is whatsupp conversation admissible....

Electronic Evidence is submitted in accordance with S. 65B of the Indian Evidence Act and the format laid down thereunder.

Usually screenshots of conversations can be used but in the case of whatsapp, it is highly improbable to prove the authenticity of the users and the conversation.