Wife left with her parents and living separately in another rented room with more than 5 yr old son
Some 11 months back I queried about my then situation on how to get my wife back and also discussed about child custody. Now situation is changed and moved in forward direction as stated.
Just to summarise :
We got married in Jan 2011 and blessed with baby boy in Dec 2013 but seems like she never liked me and hence I too response in same way. We do not live with parents in Gurgaon but in a rented house in Gurgaon at same place since 2011. After several talk between us, in July 2017, she left her marital home along with our son and her parents to a nearby room hardly 1-2 kms. She is living in a small room-kitchen along with our son. Since then me and parents of both sides approached her to reconciliation but all in a vain.She is working lady and earning upto 80K in a good MNC in Gurgaon. She only allows me to see my son in park near to her home and that too fixed time from 6-7 PM on Saturday only. Since she left I paid her extra 10K and fees of our son every month. I don't want any divorce but parents of both sides and she herself want divorce on mutual consent. I would have agreed on mutual consent divorce but then I think of my son.
Next present situation :
I filed a RCR(Sec-9) in Lucknow family court on April 2019 and same was received by my wife by May 2019. On 15 June, 2019 I received call from Mahila Police Thana, Sonipat that my wife raised complaints against me under section 498A. This case also include my parents as well. I had 2-3 meetings of mediation at Police Thana, Sonipat but in vain and with no luck. Even ASI is also requesting me to get rid of her. But then I start thinking of my son and his future growth and development. Even ASI knows that all complaint against me are invalid but she has to go as per process which may take much of my time. During my visit to Mahila Thana, I also once discuss with my wife about next consequences if we get divorce and we should re-think and unite for at least for child growth. But she is adamant on her decision. Now ASI send my case for ADR and I am still waiting for court summon for mediation. Once during my visit to Mahila Thana, Sonipat when I was alone my father-in-law told that I should give him Rs.25L otherwise he will ask his lawyer for more litigation against me, which I respectfully denied and said that I am not wrong anywhere. However, in September 2019, my wife should come to Lucknow for case hearing on 27 September 2019 for which I heard from their advocate that they will be present at Lucknow along with her father but not sure about my wife presence. Recently, since no ADR summon is received, me along with my parents met their lawyer and proposed for 15L for which my father in-law did not agree.I request everyone to please guide me again on child visitation conclusion and his welfare for which I am ready to pay as much I can. Another point is that my wife has now changed her address location along with my son. I last met him 2 months back and now no reply on email,phone.
Asked 2 months ago in Family Law from Gurgaon, Haryana
Dear Lawyers thank you for your reply. At this juncture I have few more queries which I thought to ask in this forum :
1. RCR hearing date is in September, 2019. By any means is it possible that opponent ask for some other date in first hearing itself?
2. In RCR hearing, what may happen if my wife even if not present on specific date of hearing, her father with advocate can prepare a false story against me saying she has already filed a police case in Sonipat, Haryana and hence want to take some other date, until false 498A case is running?
3. Because too much harassment have been done by my wife and his father, so is there any way that during first hearing itself court can give final order to go ahead for divorce or does honourable judge can ask for mediation?
4. As I mentioned before that after receiving RCR court summon to my wife, she left her original place and now not revealing her address and nor my son school location etc. Even her father/siblings are not supporting to meet my child. I emailed her number of times but no reply from her side. To meet my son, is there a way to apply for child custody at Lucknow court itself during RCR hearing or shall I put just an application to order to meet my child at least for few hours as interim relief ? However child with his mother is residing in Gurgaon but don't know their location. I don't want to go for FIR and make case more complicated.
5. Does mediation through ADR court (for which summon is awaited) at Sonipat and mediation during RCR hearings goes in parallel ?
Just to explain everyone that I have been in no mood to think about divorce until my wife filed a false case against me and my parents at her hometown Sonipat after receiving RCR summon. But now I need to think over relationship and about welfare of my beloved son. Please guide me on how to go ahead because my wife is making things complicated and just for the sake of money either her lawyer or parents have framed wrong case on me and my parents.
Asked 2 months ago