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Mridhuvaahik (Consultant)     23 May 2014

Maintenance

I could not infer which sub-forum to select.

Hello Forum, I was married few years back and have 2 children aged 10 boy n girl. Wife wanted to get separated from joint family but financial conditions were not cordial.

She left the house after a heated argument and quarrel leaving the kids with us. After two months she sends us a lawyer notice that she needs her kids. In between I have made multiple attempts to persuade her to come back but her parents who were the main key for turning against me were not allowing me to meet her or she does not even talk to me without their permission. Any how I could not even meet her or talk to her to persuade her to join me as a family.

We approached a lawyer, who advised us that we need not reply I can take care, you can go back to work. We got a second notice again, then again our lawyer told us not to worry, these people behave like that only, and gave us confidence that things will be resolved without climbing the footsteps of court.

Now our lawyer has taken me to meet the lawyer for a discussion to resolve things amicably. After few minutes the lawyer starts shouting and threatening me and my lawyer sits just like a doll smiling and looking at me. When I asked for support & reaction from my lawyer he tells me to reply or shut up by reasoning that I am being counseled. Then the lawyer asks us to return the kids as a reply to the notice but has not provided us the acknowledgement of children handover. We had been insisting many a times but he never have provided us the acknowledgement.

After a month summons are delivered from the family court by court clerk. Now when I ask my lawyer he is telling that I was only advising you and I am not your lawyer. But he took hefty fees every week or every time we went for discussion with him, he has never provided any bills even after repeatedly asking.

Every meeting is organized by our lawyer. He calls us and tells us to come to discuss about the case. Till now there was no reply to the lawyer notice by our or from our lawyer nor was advised to us by our lawyer. When we were talking to a 498a victim near our locality by accident he had advised us to approach a leading lawyer as we were being misguided by the current lawyer.

We approached a new lawyer and advised to appear before the court after we receive new summons.

Why are being misled by the lawyer ?

What was the purpose of misguidance ?

What is our current state or where are we now ?

Could we have averted this situation if our lawyer had guided and did the right thing ?

What are the next steps ? Advice please.

 



Learning

 4 Replies

great india (manager)     23 May 2014

Appear in court and go for councillng through court. Your lawyer may be hand in glove wid O.p. It happens most often. Change your lawyer. Go for a budget lawyer

(Guest)

 

Originally posted by : Mridhuvaahik

I could not infer which sub-forum to select.

Hello Forum, I was married few years back and have 2 children aged 10 boy n girl. Wife wanted to get separated from joint family but financial conditions were not cordial.

She left the house after a heated argument and quarrel leaving the kids with us. After two months she sends us a lawyer notice that she needs her kids. In between I have made multiple attempts to persuade her to come back but her parents who were the main key for turning against me were not allowing me to meet her or she does not even talk to me without their permission. Any how I could not even meet her or talk to her to persuade her to join me as a family.

We approached a lawyer, who advised us that we need not reply I can take care, you can go back to work. We got a second notice again, then again our lawyer told us not to worry, these people behave like that only, and gave us confidence that things will be resolved without climbing the footsteps of court.

Now our lawyer has taken me to meet the lawyer for a discussion to resolve things amicably. After few minutes the lawyer starts shouting and threatening me and my lawyer sits just like a doll smiling and looking at me. When I asked for support & reaction from my lawyer he tells me to reply or shut up by reasoning that I am being counseled. Then the lawyer asks us to return the kids as a reply to the notice but has not provided us the acknowledgement of children handover. We had been insisting many a times but he never have provided us the acknowledgement.

After a month summons are delivered from the family court by court clerk. Now when I ask my lawyer he is telling that I was only advising you and I am not your lawyer. But he took hefty fees every week or every time we went for discussion with him, he has never provided any bills even after repeatedly asking.

Every meeting is organized by our lawyer. He calls us and tells us to come to discuss about the case. Till now there was no reply to the lawyer notice by our or from our lawyer nor was advised to us by our lawyer. When we were talking to a 498a victim near our locality by accident he had advised us to approach a leading lawyer as we were being misguided by the current lawyer.

We approached a new lawyer and advised to appear before the court after we receive new summons.

Why are being misled by the lawyer ?

What was the purpose of misguidance ?

What is our current state or where are we now ?

Could we have averted this situation if our lawyer had guided and did the right thing ?

What are the next steps ? Advice please.

Neither do you want to stay married.   Nor does your so called wife want to stay married.  You both should hang yourself on a tree out of the city.  With 2 kids about age 10 you have decided to part ways.

 

You both dont want it, whats in it for the lawyer, or the judge or the court.  Nothing.  

 

The text in red colour are just the things which will start eating your brains and this will prove detrimental to your heatlh, career and in turn future.  

 

Those 2 kids will eat out whatever little life is left in your body through custody case, maintenance case.  

 

Rest of peace of mind will surely be destroyed when your wife files multiple maintenance cases, multiple false cases and make you sit behind bards, not just you but also your parentage.  

 

Your life is just starting to get over. 

 

Dont laugh.  You will cry with one eye.  Write what i am saying somewhere for later reference.

 

If you were having new borns and you would have wanted to fight it out in court, then matter would be different.  you have already lost 10 years producing kids etc, now you will lose next 10 years running around court halls.   You must be 35-38, by the time u come out of this, you will be 45-48.

 

You will lose money, time, and more importantly yourself.

 

So think.  Is it worth running behind all this or just compromise and continue leading marital life with your wife  for the sake of your kids.

 

You have not yet gotten deep into this divorce thing.  once you enter it, you will get s u c ked in deeper n deeper and coming out wont be easy, and when you do come out, it will be all alone.

 

so I suggest compromise with wife for sake of kids and their future.

 

or just do what you feel, go approach lawyer, you can call me also, I can get you legal advice regarding this, but that will be just the begininng of the process of destruction of your own life.

 

Mridhuvaahik (Consultant)     24 May 2014

I understand and this is not my wish to go for court or legal process.

Previously I had gone for compromise many a times but she is bent in harassing me with lawyer.

This started the day of our marriage when she started blowing me dowry harassment and other things for which I used to reply that its not what marriage is meant for. If you did not like to get married then you should have refused. Now after having kids you are spoiling the future of kids, then comes a beautiful reply I know how to take care of my kids.

Ofcourse its a good advice to hang, I have no intentions, I am alive just because of my kids.

Thanks once again. Since the law is so incredible and always favors women, discriminating men, how do I come out without spoiling my kids future. Advice please.

Its the wife who is refusing to come back what do I have to do ? Her parents are behind this and are refusing to hear any body approaching compromise and even their relatives are also trying but failing.

I am deserted by my wife 6 times ranging from 6 months to 3 yrs. Still I am ok but she is not listening. What should I do advice ?


(Guest)
Originally posted by : Mridhuvaahik

I understand and this is not my wish to go for court or legal process.

Previously I had gone for compromise many a times but she is bent in harassing me with lawyer.

This started the day of our marriage when she started blowing me dowry harassment and other things for which I used to reply that its not what marriage is meant for. If you did not like to get married then you should have refused. Now after having kids you are spoiling the future of kids, then comes a beautiful reply I know how to take care of my kids.

Ofcourse its a good advice to hang, I have no intentions, I am alive just because of my kids.

Thanks once again. Since the law is so incredible and always favors women, discriminating men, how do I come out without spoiling my kids future. Advice please.

Its the wife who is refusing to come back what do I have to do ? Her parents are behind this and are refusing to hear any body approaching compromise and even their relatives are also trying but failing.

I am deserted by my wife 6 times ranging from 6 months to 3 yrs. Still I am ok but she is not listening. What should I do advice ?


As she is habitual deserter you will get divorce easily as she too does not want to come back as she is more interested in listening to her parents than to what you want to say. Legally, there are no options which can make your wife come back to you. some lawyers may suggest filing RCR, but that wont be of any use to you.  Only lawyer will get some fees and keep asking more fees as if he will make your wife join you.  No court in India has got the power to force either of you to cohabit with each other at all.


As I suggested to  you, you fall to her feet, agree to her conditions, her parents conditions and she will supposedly agree to not quit on the marriage.

Doing like this means, you will always be  YES MADAM husband for the rest of your life.  And will have to face related consequences for a life-time.


My understanding  of your situation makes me advice you the following.


We all live, earn, spend money, go out, live life, fail in jobs, lose jobs, get promotions, eat, sleep, become restless, etc etc in all this peace of mind is very important for us.  If peace of mind is there, then whatever one does becomes ok and fine.  No peace of mind, its useless to lead such a life.  As I see it, there will be no peace of mind if you pursue runnning behind your wife nor will you have peace of mind leading marital life with her or no peace of mind running behind courts.  


In short, your life is almost screwed up, until unless some enlightenment occurs in your wife's brains and she becomes a normal person and starts thinking reasonably.


If she finally does not.  Then let her go by giving divorce to her, put kids in hostel etc or leave with parents etc.  Marry someone else, enjoy whatever is left in life.  

 

once again, TIME n tide wait for none.


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