Divorce case & not able to approach kid

ok sir thanks for your reply...

Further please suggest what to do next on my divorce case..

Presently the case in the Enquiry stage & last 5 hearings no representation from her side..shall i file a memo mentioning the case histroy & ask court to dipose the case..??

i came to know my Ex is leading an adulturious life in bangalore & no one knows her whereabouts..how to identify this matter..

That guy is also maried & his family is in salem & has 3 kids..intially he applied fo divorce but the case got disposed & there is legal seperation b/w them..

If i file want to file an adultery against him or my ex What are the valid proof that court will accept for an adultery apart from video/audio evidences..

If your divorce case is pending you should  file application u/s 26 of HMA  in your divorce proceedings for temporary custody or visitation rights for your child 

Originally posted by : Sachin
	If your divorce case is pending you should  file application u/s 26 of HMA  in your divorce proceedings for temporary custody or visitation rights for your child

Thanks for your reply...

My divorce case is filed in Rasipuram, Taluk...Whether i am able to file an application u/s 26 of HMA in the same court or i have to file the application in the Namakkal district court only..

Also next 6 months i cannot able to take leave on weak days..Is it possible to state this matter to court & ask to arrange for weak end discussions on child visitation..

Please suggest 

Dear Rahul,

Application u/s 26 of HMA is to be filed in same court during proceedings of divorce case.

First let the judge allow you to grant visitation rights after that on next date ask for change of time, time can be changed any time as per the convinience of both the parties. First focus only on visitation rights.

i came to know my Ex is leading an adulturious life in bangalore & no one knows her whereabouts..how to identify this matter..

That guy is also maried & his family is in salem & has 3 kids..intially he applied fo divorce but the case got disposed & there is legal seperation b/w them..

If i file want to file an adultery against him or my ex What are the valid proof that court will accept for an adultery apart from video/audio evidences..

Also suggest me apart from proving adultery what are the other ground to get divorce. Apart from divorce case i dont have any other police cases like 498A/DV..Please suggest how to get divorce 

Dear Rahul,

Reality is that it is very difficult to prove adultery without oudio/video recording or photographs. You either have to arrange that with the help of detective.

And as you said that she is already having affair, ask her to mutually settle the case or you will drag her and her boyfriend in court.

Don't worry about her. Worry about yourself and your son. You already said you don't have vacations much. Why do you want to pursue proving her adulterous relationship? Looks like you yourself don't know it for sure or at least don't have any evidence. Let her rot wherever she is. Mark my words -- people like that will never be happy for long. As for your child, I suggest you also file OP under Guardians and Wards, get it exparte (will be given since she is out of contact). Use the order to simply take possession of child. 

Originally posted by : Venkat
	Don't worry about her. Worry about yourself and your son. You already said you don't have vacations much. Why do you want to pursue proving her adulterous relationship? Looks like you yourself don't know it for sure or at least don't have any evidence. Let her rot wherever she is. Mark my words -- people like that will never be happy for long. As for your child, I suggest you also file OP under Guardians and Wards, get it exparte (will be given since she is out of contact). Use the order to simply take possession of child.

Thanks for your reply..sir..

Because of that reason..she neither coming to the court nor approachable. Divorce case also likely to get disposed because of ex-parte. Again i have to apply for divorce & child custody. How tto proceed 

Originally posted by : Rahul shri
	Originally posted by : Venkat Don't worry about her. Worry about yourself and your son. You already said you don't have vacations much. Why do you want to pursue proving her adulterous relationship? Looks like you yourself don't know it for sure or at least don't have any evidence. Let her rot wherever she is. Mark my words -- people like that will never be happy for long. As for your child, I suggest you also file OP under Guardians and Wards, get it exparte (will be given since she is out of contact). Use the order to simply take possession of child.  Thanks for your reply..sir.. Because of that reason..she neither coming to the court nor approachable. Divorce case also likely to get disposed because of ex-parte. Again i have to apply for divorce & child custody. How tto proceed

First take visitation rights under 26 of HMA and don't let the divorce case decide because relief under 26 HMA is applicable till the pendency of case and also file case of Guardianship Act

Originally posted by : Rahul shri
	i came to know my Ex is leading an adulturious life in bangalore

Moslty ladies have extramarital during divorce proceedings I myself have seen many girls having affair with their lawyers also . You only focus on your child and your life.

Originally posted by : Sachin
	Originally posted by : Rahul shri Originally posted by : Venkat Don't worry about her. Worry about yourself and your son. You already said you don't have vacations much. Why do you want to pursue proving her adulterous relationship? Looks like you yourself don't know it for sure or at least don't have any evidence. Let her rot wherever she is. Mark my words -- people like that will never be happy for long. As for your child, I suggest you also file OP under Guardians and Wards, get it exparte (will be given since she is out of contact). Use the order to simply take possession of child.  Thanks for your reply..sir.. Because of that reason..she neither coming to the court nor approachable. Divorce case also likely to get disposed because of ex-parte. Again i have to apply for divorce & child custody. How tto proceed    First take visitation rights under 26 of HMA and don't let the divorce case decide because relief under 26 HMA is applicable till the pendency of case and also file case of Guardianship Act

Thanks for your reply sir,

after visitation whether i have to apply GWOP in the district court or in the same taluk court 

Originally posted by : Rahul shri
	after visitation whether i have to apply GWOP in the district court or in the same taluk court

Dear friend,

You have to file case under guardianship act because relief of 26 HMA is applicable till pendency of the divorce case.

So, first take relief of sec 26 HMA

Then file guardianship act case with interim relief of visitation rights.

Hope it helps.....