I got married in 1999 and was blessed with a son in August 2002. My wife left the matrimonial house in August 2002 to her parents house, and has not returned till date in spite of many efforts through many mediations by friends and relatives. In June 2006 I have filed a petition for divorce at Jalandhar courts , in the meanwhile a consensus was made and both the parties agreed to live together at matrimonial house, this consent was arrived mutually, but the second party (my wife ) betrayed us and did not fulfill the promise, than approached the high court for relief and the Chief Justice of high court as well as the lower Court Judge gave the decision in favour of petitioner and they allowed the petitioner to continue the case, after that the presiding judge was changed and the other three Judges very well understood the matter but the last lady Judge seemed biased and the lady Judge dismissed the petition on the basis that the my wife still wants to continue the marriage after living separately at her Parents house for more than 10 years, and she imposed a condition that I have to live with her at her parents house as a ghar jamai. I have further applied for appeal in high court but still it is not admitted till date.
I have a son born in 2002 staying with my wife at her parents house, during that period I went there to request her to come back to matrimonial house, during that period I met the child and he recognized me very well, but in April 2008 I applied for meeting my son regularly, but the opposite party refused and raised obstacles and I was not allowed to meet my son, in 2008 with the divorce petition case, under sec26, I applied for to meet my son and the Judge ordered to meet the boy in school. The school principal due to second party’s influence didn’t allow us to meet our son intentionally, after that we request the court to allow us to some other place like court premises to meet my son, but nothing has been done so far, I have also put a complaint for contempt of court against the principal and also applied for custody in august 2012 in the custody court but nothing has happened so far, I am not yet allowed to even see my son. Since the boy is about ten years old and is being continously tutored against me and my family by the second party.
Kindly advise us how can I get the custody of my son or visitation of my son and also advise me to get the divorce. Please note that the financial condition of my wife is better than me.
