Divorce Lawyer
Querist :
Anonymous
(Querist) 05 October 2010
This query is : Resolved
Hi,
I need assistance in divorce case in mumbai. Can anyone help me.
I have already appointed a lawyer from mumbai but somehow i am not confident of that lawyer.
My husband lawyer is very smart and he has filed for RCR, even though he doesnt want me back neither i wanna go back.
He has started collecting evidence against me to prove that i am adultress.
I will send all the details of my case proceedings.
I know other lawyers dont take case of other lawyers but if will be glad if anyone can provide me consultancy to get divorce from my husband and the child (6 years and 5 months)custody
Do let me know if anyone can help me.
Its very urgent. I m filing the RCR reply today and the arguments are scheduled for 20th oct.
Please please anyone help me.
I want divorce from my husband and my daughter.THATS IT.
Mutual consent cannot be done as he wants daughter too.
rgds,
seema
M/s. Y-not legal services
(Expert) 05 October 2010
dear seema.. if your husband's advocate collecting evidence against you mean its not wrong.. as an advocate its his duty to his clients..
dont worry about your case..
send your case details to adv.archana@ymail.com
this is my sister's mail id.. if you want further contact mean just send me a private message to me. i will give her mobile phone number.
James Arun
(Expert) 05 October 2010
Seema,
Your daughter is 6 years old and is of a tender age. Normally courts of law tend to prefer the mother as the guardian of the person of the minor.
You can instruct your lawyer to file a response to the RCR petition, and also file for divorce and custody separately. Also ask your lawyer to file for maintenance for yourself and for your daughter. It does not matter if you are accused of adultery. You may not get maintenance. However, you can get custody. You can also take a temporary injunction (Order 39 Rule 1 & 2) from the Family Court to ensure your husband does not alienate the child from you during the ensuing legal proceedings.
Having said this, and while the above is the legal position, please explore the option of "shared parenting" (see www.crisp-india.org). From your mail, it appears as if both of you want a divorce, but will fight for custody. Unless the father is extremely unfit, or if you believe he loves the child, you should explore the options of shared parenting, keeping the long-term benefits of the child in mind, so that your daughter gets the best of both worlds. Remember you have a right to get divorce, but it is your duty to take care of the overall interest of your child, including allowing her to bond with her father, putting your personal feelings about your husband aside. It is difficult, and very hard. Not impossible. When you talk in this manner, it is possible that he may agree for a divorce by mutual consent.
Good luck
James
Querist :
Anonymous
(Querist) 05 October 2010
Thanks tom and james for your response.
I never knew the joint custody for the child.
I will try to discuss with the husband as we both wanna divorce each other and at the same time the custody of the child.
Thanks for your respnse once again.
I will reply back once i get response from husband.
rgds,
SL
Guest
(Expert) 11 October 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9960223100, 9271971251
e.mail.advocatesawantnb@yahoo.com
nandkumarbs@sify.com
REGARDING YOUR DIVORCE MATTER KINDLY NOTE THAT.
1.YOU BE CONFIDENT AND DO NOT MAKE ANY UNDUE HASTE.
2.KINDLY NOTE THAT COURT WILL HEAR BOTH THE SIDES AND WILL DECIDE THE MATTER IN A JUST AND PROPER MANNER.
3.AS YOUR DAUGHTER IS JUST SIX YEAR OLD ,YOU CAN GET THE CUSTODY OF YOUR DAUGHTER.
4AS FAR AS ALLEGATIONS MADE BY THE OTHER SIDE KINDLY KEEP COOL AS THEY ARE TRYING ALL POSSIBLE WAYS TO GET THE DIVORCE.THOSE ARE THE GROUNDS MENTIONED IN THE ACT FOR THE DIVORCE.
5KINDLY BE CONFIDENT AND DEFEND YOUR MATTER STRONGLY.YOU MAY APPLY FOR INTERIUM AND ONE TIME (PERMANENT ALIMONY )AMOUNT AS MAINTAINENCE.KINDLY NOTE THAT AS PER YOUR STANDARD OF LIVING AND DEPENDING UP ON INCOME OF HUSBAND ON THE BASIS OF PROOF SUBMITED IN COURT ,THE COURT WILL GO THROUGH DETAILS AND WILL FIX AMOUNT AS MAINTAINENCE.
5 YOU MAY WRITE AND SEND DETAILS BY E.MAIL OR CALL OR SMS FOR ANY FURTHER HELP.WILL DEFINETELY HELP YOU.
KINDLY NOTE THAT MOST OF THE CURRENT ACTS ARE IN FAVOUR OF MARRIED WOMEN.YOU WILL SUCCEED.GOOD LUCK.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKS.
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
