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rajesh (service)     18 July 2009

harrasment

Respected Sir,

My son is with my wife.He is 6 years old. and my wife nor her parents is allowing to meet him. More over he changed his name to new one without my knowledge.and she went on her own without letting me know.

I came to know when she filed divorce case.

 

Now  I want to know   can ifile CRPC 97 case . and what cases can I file under cheating

 

 

 



Learning

 7 Replies

Adv. Deepak (Advocate)     18 July 2009

When your wife has filed divorce petition, you can make application in that petition claiming access rights for meeting your son.  It will work more fast instead of filing cases of cheating or under s.97.  Once you get access rights, your son can get accustomed to you and it will be easier for you to get custody of your son afterwards.

rajesh (service)     20 July 2009

Thankyou sir,

Can I file cases against her parent. as they are also not allowing me to meet me with my son.What case can I file.

I also want to know that at present my wife has filed divorce case 13(1)(1-a)(1-b) what are the things that come under this.

rajesh (service)     23 July 2009

Sir,

Can you suggest what cases can we file on wife and parents even if the divorce case is going on

Dharmesh Manjeshwar (Advocate/Lawyer)     23 July 2009

This is section 13 - (1) Any marriage solemnized, whether before or after the commencement of the Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party-

(i) has, after the solemnization of the marriage had voluntary s*xual intercourse with any person other than his or her spouse; or

(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or

(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition;

As advised, u can file application for access to ur son in the same case of divorce filed by ur wife ...

without knowing the basic facts as to what occurred between u & ur wife, it would be difficult to help u about filing criminal cases.  

Rajesh Kumar (Advocate)     23 July 2009

Rajesh, read Section 6 of Guardianship Act. You are the guardian of the child man. Assert your right.

File a Kidnapping case against your wife and her parents. 

Adv. Deepak (Advocate)     24 July 2009

When divorce petition filed by your wife is pending and you know that, you cannot file case under s.97 of crpc.  In divorce case filed by your wife, you can make allegation that she has changed the name of your son without your knowledge, which amounts to cruelty on you and which is sufficient to defeat her case.  However, a case of cheating cannot be made against her.  As far as change of name of your son is concerned, kindly let me know where the changed name is appearing and wherefrom it came to your knowledge.

rajesh (service)     25 July 2009

Respected Sir,

Actually when she went my son name was xxx and surname was my surname. but when she posted divorce papers in that she mentioned yyy and surname I dont know. but one thing that at present she is doing service with her surname.


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