Divorce

God is there for good people (Querist) 16 May 2015 This query is : Resolved
Dear Experts,
My wife is staying away with my daughters (one aged 15 years and other aged 10 years) since 2012.
Recently I had filed for divorce in Family court on the grounds of Cruelty.
The opponents didn’t attend the first hearing and the hearing got adjourned to next month.
Legally when can the Court grant decree of divorce to me?
What is the procedure of claiming rights of custody on children?
Kindly guide.
Regards
AP

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Guest (Expert) 16 May 2015
What is the opinion of your own lawyer?

God is there for good people (Querist) 16 May 2015
He is confident that in the next hearing if they are again absent, the Court will issue the decree immediately.
I also need guidance on claiming rights on my Children.
Thanks.
Regards.

Nadeem Qureshi (Expert) 17 May 2015
Dear Querist
the court will not issue divorce decree immediately.
If she will not appear before family court where your case is pending then the court may proceed her as exparty and matter will be fixed for evidence.
after the exparty evidence the court will fix the case on argument and after that the court will decide the case.

Devajyoti Barman (Expert) 17 May 2015
Yes, rightly advised by Nadeem. go by the advice of your lawyer.

Rajendra K Goyal (Expert) 17 May 2015
Agree with the expert Nadeem Qureshi.

God is there for good people (Querist) 17 May 2015
Thanks all for advise. What about claiming rights for Children ?
Please guide.
Regards

Guest (Expert) 17 May 2015
You did not mention about the opinion of your lawyer about claiming your rights for children? Why so?

Claim for the children is secondary issue. At first you will have to wait for the outcome of your divorce case. Be patient.

T. Kalaiselvan, Advocate (Expert) 18 May 2015
For custody of your children you must file a separate case, take the opinion of your lawyer on this issue too.

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