Vakalat is to be annexed only with a case which is filed in the court. What is the case filed by your wife? If the case has been filed in the court then you should engage a lawyer for your defence.
HMOP procedure
Hello , I am working in Dubai . My wife gone to India for delivery on 3rd month of pregnancy itself without my permission. After delivery my wife don't want to show my baby to my parents. Her parents ready to send her back only after one year to Dubai. But they not ready to come to my home in India ( Karur). I have filed a HMOP notice to come and live with me. They arranged a Lawyer and put vakalat. What will be there next move??? How to bring back my wife and kid to My home ?? ( Baby 3 months old now)
Asked 8 years ago in Family Law
Religion: Hindu
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5 Answers
The best way is settle the matter amicably if you have a strong wish to save your marriage.Lack of conversation may the problem int between you and your wife.
When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the District Court, for the restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly is the legal remedy in front of you.The fundamental rule of matrimonial law that one spouse is at liberty to the society and comfort of the other spouse, forms the foundation of the right to bring a suit for the restitution of conjugal rights.
1)you have filed petition for restitution of conjugal rights
2) if your wife has engaged a lawyer she wants to contest the case
3)contested RCR cases take 5 years to be disposed of
4)even if you obtain decree of RCR you cant force your wife to stay with you
5) it is better you arrive at an settlement with wife and with draw RCR case
You have made a decision in haste to file RCR. Such trivial issues cannot be solved through legal process, actually it will get inflated and blow out of proportion if nobody is willing to compromise or reconcile the differences. This RCR case will drag on for years endlessly to the stage that may result into divorce also at one stage through compromise.
Now since she has filed vakalat through her lawyer, the next step is she is required to file her counter to the petition averments filed by you after which a date will be fixed for trial by the court.
1. You can not force your wife legally to join you at Dubai if she does not want to,
2. Mother is the natural guardian of a child having 5 years of age,
3. So, it will be prudent on your part to handle the situation tactfully,
4. Talk to her to settle the matter amicably.
