Divorce
Kakuli Sarkar
(Querist) 02 November 2014
This query is : Resolved
My husband filed divorce and I also want divorce. For last 1½ year i am staying with my son at my father's house...as per my lawyer if I admit all the allegations to get the divorce then may be my son will be taken away from me....so my petition will say that these are the allegations I have for my husband and I also not want to stay with this person I also want the divorce ..... If so how long approximately time it will take to get the divorce...once we decided for mutual consent but while preparing petition my husband not ready to agreed my any clauses for that I drew back....I am the only earning member in my father's family ...my salary is 10000/- and from my father's FD interest is 3000/-...including me and my son we are 5 member in this family....from beginning of my working life I have to support my mother's family.....currently I am not capable financially and mentally to run any case....my husband's financial contribution to his son is irregular.....he has stopped 2000/- for child's food since June 2014....currently he is only paying child's school fees and pool car payment ...now the child is not agree to meet his father by any day he can stop these payments also ....my father is a cancer patient .....instead of running any case I can hardly fulfill my child's basic needs....currently my company looses the project... including me and other 6 employees will come in cost cutting within this November 2014.....I am getting job offer with good facility in same project at south region of India job profile will be same but payroll will be different company .....can I avail this job offer ....keeping my son in Kolkata at my mother's care for at least 6 months.....
Devajyoti Barman
(Expert) 02 November 2014
Yes, you just look forward to improve your professional ladder and join job in Chennai.
Since your husband is irregular in maintenance, you should file case under PWDV Act where the courts acts fast to give maintenance at liberal rate.
Nadeem Qureshi
(Expert) 02 November 2014
file an application before court for maintenance for your child and if his salary is more then you then you also may add your name in the petition and the court will pass an order in your favor for maintenance for child and he is bound to pay the amount as per court order.
Feel Free to Call
Kakuli Sarkar
(Querist) 03 November 2014
Yes his salary is about 30000/- or may be more than this ....and unofficially he also does some commision basis order execution earning ....my married life is 12 years ....he also given an injuction not to take the child out of kolkata....and the lawyer i have appointed earlier he sat idle and after that court issued a show cause to me ...which is pending on 17th nov .....which failing to appear warrant can be issued ....so immediately i appointed another good lawyer ...which is quiet expensive but he has assured me for partially money consideration....lawyer ...which is quiet expensive for me ....my husband have enough money...enough time ...to contest the case but I only want to come out of this situation and involve to make the child self sufficient by all means in his future .....pls suggest....
T. Kalaiselvan, Advocate
(Expert) 06 November 2014
You have been advised to seek maintenance for your son using various provisions of law meant for the purpose, you may be in touch with your present lawyer.
Devajyoti Barman
(Expert) 07 November 2014
wITHOUT SEEING THE ORDER OF INJUNCTION IT IS DIFFICULT TO ADVISE MORE.
Devajyoti Barman
(Expert) 07 November 2014
The order of injunction seems untenable and can be set aside or modified from higher court.
If the child is with you, he cna not be injuncted from leaving Kolkata from you.
