G.SAM.KUMAR (SERVICE ) 14 April 2011

family union , is it possible in family court

Hi,

“ I got married to my wife as per special marriage act in kolkata, I am Hindu from Bangalore , she is Christian from kolkata, later I married her as per Hindu customs in temple, we have a 4 year boy , at present both my wife and son staying with my mother in –laws house, after her delivery she started staying with her mothers house, never wanted to come to south, so after three and half years I moved to kolkata and stayed for three months in my mother in-laws house with my wife and son, both of us are working couple, but my earning used to go to all her family members expenses,

My mother in- law is brain washing her since our marriage and interfering in family life. I believe because of her mother, my wife lost her first husband by divorce, she never told me this thing before I marry her. now also she is non- co-operative like not wearing mangalysutra, bindiya, not listing to my word, coming late from office, used to call my son in Christian name, where has I have made my sons birth certificate as per Hindu name and made joined him in pre nursery school as per legal documents with my expenses, Due to non- co-operation from my in-laws and wife, we both had small misunderstanding and used to fight, eventually we fought, now I started staying in my office in kolkata,

All documents are with me, including marriage certificate, marriage photos as per Hindu customs done at temple, my sons birth and school admission certificate

I wish is that , I would like my wife and my son to be with me in my rented house either here in kolkata or in Bangalore and non of her family members should not interfere, brain wash her and my son in our married life

Dear all plz suggest what can I do now, can I make a separate rented house in kolkata for our small family?

After that can I move my case to family court asking her to stay with me with my son? Listen to my word?

Or can I apply for divorce?

What court says in case of second divorce to my wife in her life?

What to move my case in court, in case my wife is not willing to stay with me?

Can I ask for custodial rights of my son? Because he is the only vamshavrudharka of my entire Hindu family?

Please suggest …………..

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2 Replies

Uma parameswaran (lawyer) 14 April 2011

File a petition for restiturtion of conjugal Rights before Family Court.

Jamai Of Law (propra) 15 April 2011

If you want to save marriage RCR or any other legal remedy won't work.

Severing the marriage tie is easier than patch up if you also believe more in amputation theory theory than other cures......... that..............

'one believes more in amputation remedy in medicine than 'therapy which does not allow to further deterioration' and adjusting to current conditions and with a hoe of complete cure without amputation'.

First care that one takes is that one shouldn't allow situation to go out of hand by trying something.

At this jucture trying anything only boomrangs as it works towards embittering the same.

If you have not filed anything, then don't file ever.

If you file any suit then wife is immediately going to file interim maintenance for her and son immediately and that deteriorates the chances of union.

Just don't do anything on legal front on your own.

If you go to any orthopedic expert you will get suggestion that 'better amputate your leg and once for all eliminate the pain of shaky legs etcs'

If you go to healing expert then you may be suggested that sustaining even weaker legs and joint pain which may not have any permanent solution need not be severed, sustaining it less painful than other illusionary remedy.'

Then choice is your!!

Once you make it, stand by it and each has adv as well as dis-adv!!