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needhelp (partner)     10 February 2012

Need advise

Hi All,

We got married in '98 and my wife's parents are too greedy and influenced her a lot. After living together for 10 years, we are separate now from last 4 years. We have 2 kids a girl and a boy aged 9 and 7, my wife is hiding them from me and she filed custody for the children and I filed RCR. The case is postponing from last two years but it came to a first hearing stage now.

How frequently the hearings will be? My lawyer says better try to to attend all of them from now on wards. Beacuse of the geographic location it is difficult for me for my wife too, to attend the hearings. She filed the case at her place but she moved to a different place now. I was told by my lawyer that the dates may be 15 days apart.

I am thinking of taking a break from my contract job for some time, because it is too difficult to attend the court with frequent hearings and the travel involved and nature of my job. Is this a right decision?

She made all false allegations, we denied them. We made some allegations and she denied them. Neither of them have any proof.

She is working and earns sufficiant. I want to share my kids, don't want  to miss them.

I tried all my best outside for a compromise to get together, but no success.

Attending all the court sessions now will improve my chances? She hasn't filed for divorce, but I never intended to divorce her.

Can one ask for financial settlement without divorce other than maintenance? As I said they are always for money.

Please advise me with any additional information. Throw some light on how frequent the court sessions from first hearing?

What can happen? Can they file more cases? What are the advantages if I win my RCR? Does it do any good for me? I never want divorce.

Waiting for your valuble suggestions.

Suffering from wrong intentioned parents(my wife's) and my wife. Ruining all our lives, including my kids.

( I never intended to say parents of a married daughter are bad, every one has sisters and cousins).

 

 



Learning

 7 Replies

Tajobsindia (Senior Partner )     10 February 2012

@ Author


1.
As you say neither party has enough evidence to establish respective claims in their case filings then in my opinion it is better to sit un-biasedly with your wife and settle the issues between you two for children sake by finding a mid way path.


2. If you win RCR then it cannot be executed to bound her to come back but will be grounds for divorce which you say you donot want so RCR will eventually lead you to one day or other before 1 year after its final order (may be in your favour) to make up your final mind what you want out of this marriage with two kids.


3. If both of you living in different cities especially your wife having custody of children as you say then it is not clear from your brief if children with her or she left them with grandparents of her side ? As per persuasive Law children needs to be with both parents and during custody contest situation they need to be with either party and /or not with grandparents especially when mother is not living with them and court has maintained status quo on children from past 2 years! However this point besides, your brief is based on external influences spoiling / influencing a decade long marriage with two kids. Go and hit the root cause by persuasive pleadings as to what is the reason they interfering into two married adults life?.


4. As per respective Court calendar it is difficult to predict for sure how long the duration between two hearing could be. If your advocate says it may be 15 days apart then take it minimum 1 month apart but then you say it becomes difficult for your wife to attend cases so take chances of adjournment too now and then.

Leaving a contract job for makign regular attendance of court cases is not a good idea atleast one needs to earn a living on and off to sustain not only legal fees of various suits but for travel spend and for his daily needs and for providing good future for two children via some savings / maintenence.


Sum total MCD could be one option when civil cases are being contested after 10 years of marriage and seems wife is not interested in filing criminal cases on you and your side of family so either with more persuasive talks she may be asked to rejoin or with polished terms and conditions MCD could be another option with shared parenting of children instead of spending another 4-5 years in various courta and by that time children will be tuned in well with their friends company more than either parents company. 

needhelp (partner)     10 February 2012

 

Tajobsindia

Thank you! Tajobsindia for a detailed reply.

Do you know the duration and time of summer holidays for courts?. Our case is in Vizag family court.

adv. rajeev ( rajoo ) (practicing advocate)     10 February 2012

It is better to refer the case to the mediation centre, where meditor will try to solve your problems.

Tajobsindia (Senior Partner )     10 February 2012

Originally posted by :needhelp
" Do you know the duration and time of summer holidays for courts?. Our case is in Vizag family court. "

See below link for Vishakhapatnam Court Calendar

https://hc.ap.nic.in/aphc/hc2011/lccalendar2012.doc

Chaitanya_Lawyer_Mumbai (Lawyer)     10 February 2012

You have mentioned that she filled case in her town.Which case it was?

you have mentioned,'my wife is hiding them from me and she filed custody for the children and I filed RCR'.

Why did she filled for child custody if she had them with her?

you can file for transfer of case to your city,if it satisfies any of the below conditions:

 

19- Court to which petition shall be presented.
  Every petition under this Act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction-
    (i) the marriage was solemnized, or
    (ii) the respondent, at the time of the presentation of the petition, resides, or
    (iii) the parties to the marriage last resided together, or

needhelp (partner)     10 February 2012

Thank you!

needhelp (partner)     10 February 2012

I mean she applied for Gaurdianship of our kids.


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