Divorce - valuable advice required to take decision.
shanthi
(Querist) 21 October 2013
This query is : Resolved
Hi All,
I read some of the answers for queries, its really helpful and valuable to all.
Now i am here to ask ur valuable answers to decide my life. I living with my parents for last 3 years. I have 1 girl baby 3.5 years old. divorce applied my husband, he dont wantt to live with me, stil i dont know the reason, but divorce based on the cruelty. I told him many times be polite, we wil talk and solve our problems. he never listen. I am waiting for him for last 3 years. he become worse. now i can understand he doesnot have any idea to live with me anymore. mentally i decided to give him divorce. he got visitation rights on every sunday 9 t0 5.
Question:
1) he is rich person by birth and earning 2.5 laksh per month. and he said he wont give any maintenance to me as i am working and he also collected all my bank statement and CTC information through some ways. I spend around 5 lakh for my marriage, I need that amount and my silver , gold articles.. How to collect that from him without delaying?
2) i suffered a lot because of him, what wil happen if i dint go to court for 6 months. wil i get exparte? is that valid. becuase i want to re-marrr someone. wil that sufficient to get marry.
3) he got visitation. I can understand i cant avoid that. But if I marry anyone, how he can accept my ex-husband come and take baby for every weekend, so what wil be the best solution for this visitation issue. he is paying maintenance to the child.
4) can I marry if i got alliance in abroad, and can i ask court to allow my child with me to take abroad. as he is an marine enginer, he cant get the custody, as of now i have custody with me. if that the case how can i execute the vistation right ordered by the HC. what should i do without affecting legally..
Please advice and provide me ur valuable suggestion, it would be great as I suffered lot because of him. I am unable to do anything as he got money and manpower. I really want to comeout of this issue with minimum damamge. please safeguard me from this. Thanks a lot
regards
Sri.
ajay sethi
(Expert) 21 October 2013
1)you have not mentioned what is your monthly income . you have merely mentioned your husband salary of Rs 2.5 lakhs a month .
2)you are entitled to your streedhan .call upon your husband to return streedhan failing which file complaint against him for return of the same .
3)you should contact a local lawyer . file your written statement in divorce proceedings . ask for return of your streedhan .
4)if you marry you can settle abroad . you can apply to court for modification of order of visitation to enable you to take child abroad
shanthi
(Querist) 21 October 2013
I am earning monthly 18k. I dont have family support or any other source of income, leaving emotion, if i think from a comman man, my daughter will have gud life if she stay with my husband, but he is a marine engineer. if i give custody to him 6 moths he wil be in home and 6 months in ship, by the time , his parents cant take care of my daughter. because i decided to marry now as I already wasted 3 years for him,, how the new person wil accept if he come to my weekend for visitation.. what wil be the best solution for this problem. I am struggling and not able to decide on this. some of my friends told u search groom in abroad, marry him and take the child with u with out informing ayone. dont come to india for 2 years. then he wil marry someone. wil forget ur daugher... Is that correct way. I dont want to do any illegal,or without informing court. save me want to get out of this problem as early as possible.
ajay sethi
(Expert) 21 October 2013
no advise you have got is wrong . dont commit contempt of court by flouting court orders . if you find guy settled abroad and he is willing to accept child too make application for modification of court order.
you could have got maintenance as there is wide disparity between your income .how much maintenance is he paying for your daughter
ABDUL RAZIQUE
(Expert) 21 October 2013
well advised by Ajay Ji, Nothing more to add.
Rajendra K Goyal
(Expert) 23 October 2013
Agree with expert ajay sethi ji, nothing more to add.
V R SHROFF
(Expert) 23 October 2013
well advised by Shri Ajay Ji,, no need to add
can file DV for stree dhan
can go for legal sepn.

Guest
(Expert) 10 December 2014
Well Attended
Anirudh
(Expert) 10 December 2014
SHAME ON THIS FELLOW TO ATTEND THIS ONE YEAR OLD QUERY.
HE IS TRYING ALL THESE GIMMICS TO HIDE HIS FALSE AND FRADULENT PROFILE.
This fellow cannot even be a last person one can consult for any advice.
This fellow is good for nothing. Many a times he gives advices which are not supported by law.
TAKE THIS FELLOWS FALSITY IN HIS PROFILE. THIS FELLOW ATTACHES MORE IMPORTANCE TO THE PROFILE, WHILE HE IS FILLING UP TOTAL FALSE HOOD IN HIS PROFILE.
please visit the following link:
http://www.lawyersclubindia.com/lawyers_search/N-J-S-Rajkumar-alias-narasimha-254519.asp#.VIcRwmeHPFx
where he claims that he is practising from 2001, while as already indicated by me, he was enrolled only in the year 2012!!! CAN ANYBODY PRACTICE BEFORE ENROLMENT? IF ONE DOES SUCH A PRACTICE IS HE NOT FIT TO BE CALLED A "FRAUD"?
N.J.S.Rajkumar alias narasimha's Details
Listed Under
Business Law
Civil Law
Criminal Law
Practicing Since
2001
Specialization
SEBI and SEBI RELATED CASES
Court
Others
Address
54,PARASURAMA EASWARAN KOIL WEST MADA STREET,AYANAVARAM,CHENNAI 600023
Other Details
rajkumar_wins@rediffmail.com 9444036927
Therefore, before taking advice, the querist should be too careful