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deep (deep)     20 August 2015

A strsnge situation

Husband filed divorce, over 2 years gone, he was never ready to take his wife n child back. Now maintenance amount piled up to 2 lakh (of 2 years) In high court yesterday he said in front of judge sir that "I want to take her back,but will not live in parents house, will take a room at rent n live" judge sir ordered both willing to live togethrr without any precondition, n told girl to go with boy the next day from court.   

 but When the wife talked to him out of court, he said i will not live u, will arrange a room for u. Wife asked him if he is accepting her now n those harrasment will not be repeated, he said "time will tell"

Now pls answer

1. Should she go to her husband

2. Now if she says she needs time, will the court order for quash of maintenance n will boy get a new ground for divorce

3. He is not working, i also dont have job, child is under expensive treatment (seizures), in this situation if i tell judge sir all that happened outside court, husbands attitude and thathow will he maintain us, can i request sir for some counsellings, n time till he gets a job?

he is merely taking me back to avoid maintenance, n get rid of all cases 498, 125, Dv etc, 

What can i now to get time

I dont want to risk my child's life n dont want to go till he behaves properly with me.

Pls guide, tomorrow is high court,s date



Learning

 7 Replies

deep (deep)     20 August 2015

Pls reply I need help

Prasad (Systems Engineer)     20 August 2015

Hi Ma'm,

 

You are perfectly right when you said "I dont want to risk my child's life".

 

A child definitely needs its father as much as its father.

 

If you have love and trust on your husband and want to try living with him, the first step should be to remove "judge" in between you and your husband.

 

Throw away all the criminal and civil cases against your husband.

 

 

The legal procedure might take an eye from your husband but will take away both the eyes from you.

 

Just believe and go as per your husband's promise.

 

I will tell you that your husband will really the need the love of his child.

 

Like he said "time will tell", you need to give enough time for the "legal fire" to cool down.

 

Be hopeful and keep talking to your husband about the child and the future.

 

Till you get trust on your husband, you can choose to live separately from him in your parents house.

 

But allow full access to the child to him.

 

You will soon live happily with your husband.

 

For the sake of child, please consider living with your husband by patienlty waiting as logn as required.

 

Because, with legal procedure, you will anyway loose years, your husband and your child's future.

 

Instead, wait for the life restart by throwing away the legal procedure.

 

 

puja saxena (private practice)     20 August 2015

You should explain whether he is ready to live with you in separate accommodation or leave you alone in the said accommodation because it is good to settle with your husband but also important you should know its pros and con's.

puja saxena (private practice)     20 August 2015

You should explain whether he is ready to live with you in separate accommodation or leave you alone in the said accommodation because it is good to settle with your husband but also important you should know its pros and con's.

FREDYCHARLES RK - Bangalore (Advocate)     20 August 2015

Yes, I agree with Prasad...The easy natural "reaction" would be to fling the complaint back on face to that Judge and expect one eye of your husband....alternatvely take "action" and withdraw all cases (hope all compoundable) and make some attempt in the big interest of/for your kid


(Guest)

Der aaye durust aaye.  Hope all is fine with you now.  

prabhakar advocate (advocate)     21 August 2015

I am giving response to your query belatedly and hence, I do not know whether it would be helpful or not. In your case, the main point is that he filed the divorce case. He allowed the accural of maintenance amount of Rs.2 lacs, irrespective of knowledge that the child requires expensive medical treatment and did not take any steps. Stepping outside the court, he gave evasive replies to your queries. In these circumstances, what you can place before the judge is to appraise him that actually what happened outside the court and request the judge to atleast to get you half of maintenance amount, i.e., Rs. 1 lack to meet the expenses of the child and keep all other irritating matters pending for two to three months and see how meticulously he will implement his word made in court, i.e., providing a safe roof for you and your child and whether he stay together with you or run away to stay at his parental house etc. Ask the court to post the matter after three months while releasing the interim amount of Rs.1 lac and see how court reacts. Prabhakar - Advocate (M)9958670740 Legal Aid Panelist - Family Court (East District) Tis Hazari.
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