Rakesh (Scientist) 10 April 2012

Restitution of conjual rigths and divorce

i was married through arya samaz in 2004 october, 21st with my parents consent. started living together with her parents formal consent from 3rd feb. 2005. since then my in laws are interfereing in our day to day issues especially my father in law. my father got retired last year and moved to stay with us on 21st June 2011. but my wife left my house after 2 days on 23 feb. 2011 and started living with her parents for next approx. 6 months. meanwhile i recieved by joining as scientist with govt of india in dec. 2011. after recounselling at that time with her uncle/chacha she came back on 14th Dec. 2011. i left for my place of posting patna on 19/12/2011. when she was asked to come and stay with me at patna she declined. right now she is again leaving with her parents from past one month approx. with my 5yr old son. she is not allowing my son to talk to me or my parents. I am fed up with all this. i want to:

1. send her notice under section 9 of hma 1955 for restitution of conjual rights OR

2. sue her father for continuosly poisoning her and my 5 yr old son mind against our family. my father in law is behind all this happenings.

Kindly let me know how can i move for this. I WANT TO SEND WHATSOEVER NOTICES by MY SELF EITHER PERSONALLY through court OR ONLINE. PLS. TELL ME THE PROCEDURE FOR THIS. IS sending a notice mandatory through lawyer at this stage.

Regards,

Rakesh singh

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3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 10 April 2012

You can serve the notices yourself. ADVISE : Get it done by a lawyer - who is best equipped to deal with such matters.

Don't plunge yourself into suing your father-in-law without examining the pros and cons of such an action

Sharat Sindhwani (None) 11 April 2012

My wife has taken my son also. We lived happily for 23 years till her evil minded sister and jealous members of my family interfered in our matrimonial relationship.I HAD BEEN GRANTED ROCR (Restitution of conjugal rights) 15 years ago but my wife refused to return as per court order to do so. What is the next course of action? Is divorce automatic or I still have to ask for a divorce? Can she claim mainenance at this stage? Can I demand damages/maintenance from her? Since man and woman enjoy equal rights in our society?

I am a senior citizen now, my son keeps threatening to claim his share in my ancestral undivided property.Can he do so? This property is further complicated my land mafia manipulating the ownership title land records ab-initio and we are in court with them.Can I claim maintenance from my son who is well plced and earning but unmarried?