Answered question

HII WITH PROFOUND RESPECT I BEG YOUR KIND ATTAETION TO STATE THAT I AM PITAM KAR, LIVE AT KALYANI WESTBENGAL. I AM SINGLE CHILD. MY PARENTS WAS GOVT EMPLOYEES AND BOTH ARE GETTING PENSION. I AM JOBLESS. I GOT MARRY THROUGH PAPER ADVERTISEMENT. ON 19.04.2015 IT WAS REGISTRY MARRIAGE (SPECIAL MARRIAGE ACT) AND ON 22.04.2015 RITUAL MARRIAGE. ON 01.01.2016 MY SON TOOK BIRTH. MY WIFE WAS IRREGULAR AT OUR HOME. SHE IS GOVT EMPLOYEE AND SINGLE CHILD OF HER PARENTS. ON 07.04.2016 SHE CAME WITH MY CHILD, HER PARENTS AND UNCLE AND ON VERY NEXT DAY SHE PERMANENTLY LEFT OUR HOME. WE HAVE REQUESTED VERY MUCH, DIFFERENTS WAYS (PHONE CALL, WHATSAPP AND PERSONALY MY MOTHER WENT TO THEIR HOME). BUT SHE DIDN’T COMEBACK. ON 30.01.2018 I BOUND TO FILE APPLICATION OF RESTITUTION OF CONJUGAL RIGHTS CASE AT KALYANI COURT. BUT MY LAWYER HAS BY MISTAKE AND IGNORANCE FILE U/S 9 OF HINDU MARRIAGE ACT IN PLACE OF U/S 22 OF SPECIAL MARRIAGE ACT. THE AGAINST LAWYER HAS GIVEN PETITION OF REJECTING THE CASE AS THE ACT IS WRONGLY MENTIONED. THERE WAS NO 498A OR 307 OR ANY OTHER TYPES OF CASES AGAINST ME TILL DATE. WE HAVE TALKED TO AGAINST LAWYER PERSONALY AND HE TOLD THAT THEY ARE READY FOR MUTUAL DIVORCE. THERE ARE SOME CONDITIONS. WE AGREED ALL CONDITIONS EXCEPT TWO. 1) I CAN’T TAKE ANY LAWYER AT MUTUAL DIVORCE FILEING APART FROM THEIR LAWYER; 2) WE CAN’T DEMAND TO VISIT MY SINGLE CHILD (SON) FROM A SECOND. I NEVER SEEN MY SON AFTER 08.04.2016. NOW I HAVE THREE QUESTIONS. 1) IS IT POSSIBLE TO CHANGE OR CONVERT THE CASE FROM SEC 9 HMA TO SEC 22 SPECIAL MARRIAGE ACT THROUGH AMENDMENT? THERE IS NOT A SINGLE TRIAL STILL. I GOT SOME ORDER THAT “WRONG MENTIONING PROVISION IS NOT FATAL OR CAUSE OF REJECTING CASE”. IS THIS APPLICABLE TO ME OR ORDER NO 6 RULES 17 IS APPLICABLE IN THIS CASE? IS IT WRONG PROVISION OR WRONG ACT? 2) IN CASE OF MUTUAL DIVORCE WE CANN’T VISIT OUR CHILD ANY DAYS? WHAT TO DO OR WHAT SHOULD DO? IF I GO FOR SEC 8 OR SEC 6 FOR VISITING RIGHTS HOW MUCH AMOUNT I HAVE TO PAY MAXIMUM, CONSIDER THE FACT I AM JOBLESS AND MY MISSES IS GOVT EMPLOYEE. 3) IF JUDGE REJECT THE CASE THEN MY MISSES MAY SUE 498A OR OTHERS AGAINST US. THEN THIS WRONG CASE PAPER CAN SAVE US AT ALL? THANKING YOU.