Restitution Of Conjugal Rights And Guardianship Case Against Wife

I am a serving govt employee. My wife has separated from me and is asking for a divorce. She is working as a teacher in a residential school and is not allowing to meet or talk to my 5-year-old son unless I go for a mutual divorce. I'm not interested... Read More

I am a serving govt employee. My wife has separated from me and is asking for a divorce. She is working as a teacher in a residential school and is not allowing to meet or talk to my 5-year-old son unless I go for a mutual divorce. I'm not interested in divorce but want rights to speak to and meet my son on a regular basis. Further, she is asking for ownership transfer of my only house which is still under the loan and I have been paying the entire loan. I have given her enough money to her in our last 9 years of marriage. I'm looking forward to voluntary retirement in two years from now. So I cannot give the house to her which incidentally is already jointly registered in the name of self wife and son. Nor can I afford to give her alimony considering my present financial condition and early retirement. At this juncture, my lawyers have advised me to put up cases for restitution of conjugal rights and guardianship or rights to meet my son without filing a divorce. Can you please advise me how should I proceed now?
Read Less

Answer (1)

Team Legistify

Team Legistify

  • Sector-1, Noida

Your lawyer has given you the right advice. Additionally, you can challenge the maintenance petition of your wife files it, on the grounds that you are financially incapable of paying a hefty amount to her.

Answered on 17 Feb 2020


Was this answer helpful?

Didn't find the answer you are looking for?

Talk to experienced lawyer online and get your answered in minutes.

Advocate Prabhakar ShettyAdvocate Sudershani RayAdvocate Tapesh AgarwalAdvocate Mukesh Nanda+50