Appeal in hc

Originally posted by : Dharmesh
	I was awarded RCR in family court and also divorce application of my wife got rejected after a 4+year battle. She has gone for appeal in HC , no new matter or evidence or witness . What are the chances of case getting admitted or decided in her favour

Law favours women.  So there if fair chance of her application getting accepted and case will go on for another 5 years or so, but finally if she wants divorce, court will award it.  My advice to you is, what will you do with RCR decree, even if HC rejects her divorce plea, what will you do if she does not come and live with you?  Simply both of you will be losing life in court halls.  Let go, when she wants to, you will be saved from not giving alimony to her as she herself seeking divorce.

Golden opportunity is knocking your door. If she wants divorce go MCD . what will you achieve if she loose divorce or by winning RCR. Nothing Only wastage of time and money of both. If nothing remain in relationship better go MCD instead of wasting time and money in court.

the chances of case getting decided in her favor are less. But nothing could say. It Depend upon circumstances and judge

Mr. Dharmesh,

Why RCR, why not get divorce, if she wants separation, when you have already stated in experts section that she is living with some stranger?.

In fact you are not clear, what actually you want, as to whether you prefer to live with your wife or want divorce from her, when as per your story in the experts section, you have stated that she is living with some stranger. By the way, how can you avoid her from adultory, if she starts living with your, while she prefers to live with the stranger and has already filed appeal against divorce?

 

 

I have seen cases where husbands ensure their wives don't get divorce so that their wives cannot remarry (as a revenge for false 498a, adultery, etc. or for the safety of their kids or to escape alimony). 

 

 

I had asked her to go ahead and get married if she wants . All I said that give the complete custody of daughter to me . However that time she denied having any affair . Now that he divorce is rejected , she has gone for appeal. She wants divorce , complete custody and also maintenance for daughter . Is it wrong to get protective about my girl child ? My family also supports me to child home and are ready to share all responsibilities . There she does not have any support frm her parents and the child at this tender age have to be kept with some unknown person or maid as my wife is working from 9to 7 . Should I wait for something wrong to happen to a small child and take then action .

I guessed this reason. You are absolutely right. Don't let her get divorce at any cost. Note that courts rarely give divorce when you have kids. Also advise you to file interim custody petition or an OP under Guardians and Wards and seek full custody. Any proof of her affairs and verdict will go heavily in your favor. Let the noose get tighter around her neck. Don't let you grip slip. Don't ever forget about your daughter for a minute. Fight hard till you get her custody. We are here for you, brother.

Hi, 

by the way, where is your daughter? You have already fought a four year old battle. I presume that your daughter is at least 4+ years old. Even if you fight the custody battle well,  court will find out your daughters preferences whether she likes to be with father or mother if the child is above five. If the daughter is with your wife now, chances are that she would say that she wants to be with mother only.  No marks for guessing. Take into account all those things. Your love and concern for your daughter and the battle you waged all these years should not go vain.

What is divorce go to do with custody?

 

Based on RCR, send her a notice to stay with you. She will reject or won't respond. Then file child custody GWA. Even if it is female child. Include that you are willing to pay intriem direct to child or through the court. Fight on merits. Win atleast legal custody of child. From there on it is one way traffic to keep child.

 

Why so much confusion?

Thank u Sarma and Iyer for your opinions . Yes my daughter stayed all these years during out court proceedings with her mother . But she used to meet us also during weekends and has stayed few vacation days with me and my parents also . More than anything doesn't the court consider the right and wrong of what is happening today and the effect of child for future. How can I let go my daughter in a strangers house , and if my wife has done nothing wrong then why does she not tell me about the schooling or why does she still say lie in court that she stays with her parents ? Also with so many incidents happening around ,won't the court consider the safety of a girl child or simply give the child to a mother whose future herself is uncertain and based on false living .

Do NOT let her get divorce at any cost. If you do, you will never see your daughter again. Keep her around courts and also file GWOP. Eventually she will get tired and out. Your daughter will be proud of a father like you.

Yes Sarmaji..thinking on same lines . Can u help me knowing what is GWOP or any section / law related to it . And for me it's not about only right or wrong , I truly cared for both , but now I have to be more of a father like than only husband .

Yes Sarmaji..thinking on same lines . Can u help me knowing what is GWOP or any section / law related to it . And for me it's not about only right or wrong , I truly cared for both , but now I have to be more of a father like than only husband .

It is called Guardians and Wards Act. You can file an OP for permanent custody of your child. Your wife will surely attend or you'll get exparte order. You'll also get interim visitations. Your daughter will soon be old enough to realize who is good and approach you.