Restitution of Conjugal Rights
I am a teacher and got married three years back. As I am working in academic field my salary is not so high but I have done two masters and pursuing doctoral studies. Four months back my wife left me and my son as she was not satisfied with my earnings and wanted a substantial amount for her expenditures. Although, my salary is not so high but we were living a decent life(even better than her father’s home)with no shortage of anything. She left in a well-planned way by first searching a job and then a PG accommodation before leaving and created a negative image of me and my parents in front of her parents and relatives as an excuse. Her parents were well aware of her decision to leave me and my two year old son in order to lead a free life according to her wishes, though her parents told her not to leave me.
As soon as she left my home and moved to her PG accommodation. The lady owner of the PG advised her to got to police station and file a FIR against me. On the next day she went to police station and asked for their help that I should not make any contact with her and let her live in PG accommodation. The police officer in charge did not file any case against me and even tried to make a patch up between us calling her immature and told me not to disturb her for two-three months. On the nexyt day her father came to my home alongwith his relatives and misbehaved with me and my parents(verbally) claiming that his daughter has been thrown out by me and threatened to file a case against me in section 498A and also took my son alongwith them, claiming that they will bring their daughter back to their home and she will live there with her son. But she refused even to go at her parents residence also and is at present living in the PG accommodation itself and working. My son is with his maternal grandparents, my parents are living at their own house at my native place and I am staying alone.
Now she is insisting on for divorce and is interested in living her life freely .My parents are not interested in bringing my wife back because of her erratic and selfish nature.I am also not interested to carry on with her but the only thing which restrains me from filing divorce is my two year old son. I am in a dilemma as after so much bearing of insults I don’t have any love left for her. But when I think about my son I feel he would get devoid of her mother’s love permanently.
I have filed an application through a lawyer, under section 9 of Hindu marriage act . The service notices is under process. But the girl has not filed suit for divorce.
Points for my consultation :-
1. What I should actually do? I am in a dilemma, familywise and legally.
2. Whether my wife can stay in P.G. house without my consent or without court's order of judicial seperation ?
3.WHether the notices of sec. 9 application should be served now or should be delayed ?
4.What is the latest position of sec. 498[a] i.p.c. after S.C. judgements.
[i have read both the judgements].
Please give your valuable opinion. The first point is most important ,so it should be covered in detail.