Divorce
SHASHANK P JAVKAR
(Querist) 12 January 2013
This query is : Resolved
RESPECTED SIR,
I AM THANKFULL TO ALL RESPECTED PANEL OF LAWYERS FOR YOUR ADVICE REGARDING MY DIVORCE LAST TIME.
I AM SEEKING FOR AN ADVICE, ME N MY WIFE ARE NOW STAYING SEPARATELY SINCE LAST 3 MONTHS THATS AFTER WE GETTING OUR BABY,SHE IS STAYING AT HER PLACE SINCE AUGUST, NOW THE CIRCUMSTANCES ARE SUCH THAT SHE AND HER PARENTS ARE NOT ALLOWING ME TO MEET ME KID WHICH IS 3 MONTHS OLD.
I HAVE NOT SEEN MY DAUGHTER SINCE LAST 2 MONTHS SHE WAS BORN ON 9TH OCTOBER.
SO I WOULD LIKE TO KNOW WHAT CAN BE THE SOLUTION IN THIS AND IF I GO AHEAD WITH DIVORCE THAN WILL I HAVE TO PAY ANY ALLYMONEY
ajay sethi
(Expert) 12 January 2013
you would be liable to pay maintenance to your wife and to the child . dont preciptate matters .
why is your wife and her parents not permitting you to see the child ?
Devajyoti Barman
(Expert) 12 January 2013
You can file case for visitation of the child though negotiation between family elders should be explored first.
SHASHANK P JAVKAR
(Querist) 15 January 2013
THANKS FOR THE REPLY AJAY SIR, MINE WAS A INTERCASTE MARRIAGE WHICH WAS ALWAYS A BIG ISSUE, MY WIFE DITCHED ME IN EACH AND EVERY WAY SHE NEVER KEPT HER WORDS AND NOT EVEN IN OUR KIDS CASE SHE HAD AGREED FIRST THAT OUR CHILD WILL BE FOLLOWING MY CASTE I M A HINDU N SHE IS A BORI MUSLIM. BUT SHE DOES EACH AND EVERYTHNG AS HER MOTHER SAYS. IN OUR MARRIAGE ALSO SHE WAS IN RELATION WITH ME BUT SHE MARRIED TO A GUY WHICH HER MOTHER HAD CHOOSEN FOR HER AND THAN SHE GOT DIVORCED FROM HIM AND THAN SHE MARRIED ME IN THAT ALSO HER PARENTS HAD CREATED A LOADS OF SCENE. SO IN EACH AND EVERYTHING SHE DOES WHAT SHE FEELS LIKE. SO I AM REALLY PISSED OFF NOW SIR I KNOW I AGREE THERE MAYBE MY MISTAKES ALSO BUT HOW MUCH A MAN SHOULD TAKE.
ajay sethi
(Expert) 15 January 2013
well if you married a muslim lady it is natural that mother will try that her child follows her religion .
mother has maximum influence on the child . what you should have done is told your wife that the child should be taught virtues of both religion and let the child decidde which reigion he wants to follow when he grows up .
suggest to your wife that you both visit a marriage counsellor . if wife is not agreebale then suggest divorce by mutual consent
SHASHANK P JAVKAR
(Querist) 15 January 2013
THAN IT SEEMS THERES NO VALUE OF WORDS GIVEN.IF WE GO FOR DIVORCE IN MUTUAL CONSENT THAN AM I LIABLE TO PAY ANY ALLYMONEY AND THEY HAVE NOT LET ME MEET MY CHILD SINCE LAST 60 DAYS.THAN HOW CAN SHE LIABLE FOR THAT..HER FATHER HAD ALSO PUT A LETTER ( ARZI ) IN OUR LOCAL POLICE STATION THAN I WOULD SEND MY WIFE BACK AT HER PLACE FOR DOWRI WHICH I HAVENT DONE IN OUR RELATION. SHE IS AT HER PARENTS PLACE SINCE JULY, HER MOTHER INTEREFERED A LOT SO WE ARE SEEING THIS DAYS.
ajay sethi
(Expert) 15 January 2013
you are enttiled to child visitation rights . your wife or her parents cannot deny you visitation rights . as mentoioned earlier you would be liable to pay maintenance for your child . as far as your wife is concerned if she is not working she would be entitled to maintenance
V R SHROFF
(Expert) 15 January 2013
YOU CAN GET ACCESS/ VISITING RIGHT, AT THE SAME TIME YOU ARE BOUND TO PAY MAINTENANCE OF BOTH.