Dear Learned Members,
I married in Feb'2004, in 2007 (love marriage), a male child was born (currently aged 6.5 years). Wife had an extramarital affair which was discovered in May'2012. Post which ample opportunities were given to her to come back into the family fold but she turned defiant of her actions. In Dec'12 I suggested separation to her, the next day she attempted suicide to threaten me. All this while she was in touch with her boyfriend. I have proofs: mobile bills for almost 1 year showing calls to her boyfriend, a phone which I confiscated 10 months after I got to know about the affair containing special names for her boyfriend along with messages. A call recording where she has clearly confessed her love for her boyfriend.
21 Mar'13, she picked up the child from school and ran off to an undisclosed location, all efforts to track her and calls to police were of no help. 26 Mar'13, I filed a divorce case in gurgaon family court. 28 mar'13, I get a call from women cell gurgaon with instructions to appear in person on 29 Mar'13. I complied, and couselling happened where I categorically refused staying with her.
5th April 2013, she left the child with me saying you take care of him, the court was duly informed about the same. got my son admitted to the school.
First hearing in my case happened on 17 May'13, she did not appear, court awarded exparte with next hearing 6 months later on 30 Nov'13. Her harassments continued via false complaints and every complaint had a different angle to it. Dowry, domestic violence and I have thrown her out of the house etc. etc.
30 Nov'13 - evidence submitted subsequently exparte divorce awarded on 2 Dec'13.
23 Dec'13- She filed an appeal to set aside the order. 18 Mar'14 - I refused to stay with her, matter referred to mediation centre. 3 sittings - no solution. My lawyer and her lawyer sat to find a solution, she asked for 1 BHK flat or 20 lacs.
12 Apr'14- Lok adalat- the family court judge who awarded the decree has been transferred. New lady judge started the conversation by asking me, "how much have I paid my wife? I was taken aback. 2 HC judges came on round, sat and dismissed the exparte decree saying, "purani baatein bhool jao, sab theek ho jayega." my lawyer also did not refute and forced me to agree on weekly overnight stay for my son with his mother.
I am totally confused as to how should I proceed now :
a. My son is completely against meeting his mother. the trauma of his mother running away with him and the child being witness to the so called love between love birds has had enough impact on him. Further he is not loved or cared for by his mother. How can I avoid it or reduce the overnight stay to few hours a day??
b. My lawyer says you will still get a divorce but the separation has to be 2 years out of which 13 months have gone, 11 months remaining during which the devil is not going to leave any stone unturned to force her entry into my house which I dont' want. What should I do, please help.
Kindly help and advise, it's a matter of life for my little son and myself.
Regards,
Vishal
9650232555
