X party divorce decree and guardians act/please suggest
AshShar
(Querist) 21 November 2015
This query is : Resolved
Dear Sir,
I am working in private financial services providing company and got married in 2009 and in 2011 blessed with a baby boy..My wife left me for preparation/studies for competition with my child when he was only 1 year old stating that she needs to go for B.ed as she was M.A and want to apply for job now. Since then she never came back I was trying to take her back and wasted almost 1 year and 8 months and then i filed divorce suite against her. She also in return files 498 A and domestic violence against me and my family members. Although i have got the divorce (X Party) after 1 year of filing the case as she never came on single hearing. Now she had intervened after divorce decree being passed in march 2015 and she intervened in april 2015 in front of court to listen her version now. I have also applied for custody soon after getting divorce under guardians and wards act.She had also applied under 125 CRPC for 40 k per month. Request best possible suggestions to counter these issues as i don't want to loose my child. I know it is not so easy but still i want to be in touch of my son. Secondly she is also earning and working private bank and earning 8 k per month.
P. Venu
(Expert) 22 November 2015
What do you mean by, "Now she had intervened after divorce decree being passed in march 2015 and she intervened in april 2015 in front of court to listen her version now."?
AshShar
(Querist) 23 November 2015
Dear sir..I want to say that Family court passed X party divorce decree in march 2015 against her and in my favour as she never came on any date. And soon after approx one month she went to family court and filed application to listen her version as she didn't stood up for hearings because of some accident she met with and was hospitalised.Actually she gave her excuse that she was hospitalised and could not attend any date during hearings in whole one year since the inception of case.But in reality she was only admitted for 2 or 3 days and that too after 4 hearings in a row.
Guest
(Expert) 23 November 2015
Better go for amicable way of sorting out the Issues if she is ready to live with you atleast for the sake of your child Other wise if she is not willing talk to her openly in friendly manner and Convince her and go for Mutual Consent Divorce which would be over in 6 month.
Guest
(Expert) 23 November 2015
Better go for amicable way of sorting out the Issues if she is ready to live with you atleast for the sake of your child Other wise if she is not willing talk to her openly in friendly manner and Convince her and go for Mutual Consent Divorce which would be over in 6 month.
K.S.Srinivas
(Expert) 23 November 2015
Under the Guardians and Wards Act 1890 (GAWA), generally, the custody of a small child is given to the mother. Custody of older boys may be given to the father, and of older girls to the mother.
Hindus are governed by the Hindu Minority and Guardianship Act 1956 (HMGA), which follows similar considerations as GAWA. Although the HMGA provides that the father is the natural guardian of the child, the paramount consideration for custody is the welfare of the child. Courts in India have therefore tended to give custody of young children to the mother, on the grounds that ‘children of tender years’ cannot manage without maternal affection.
Regarding maintenance case, go according to the advice of you advocate. In my opinion, as she is an earning member, she is not entitled for maintenance.
T. Kalaiselvan, Advocate
(Expert) 30 November 2015
You mean she has filed a set aside petition to set aide the exparte divorce well she can very well do so, there is no restrictions on it.
If she has filed maintenance you can repudiate on the grounds that she is employed. For child custody case, you can file an application for interim relief of visitation rights.
