as the title suggests, I have dug up the internet and spoken to a few, but couldn't get answers or case studies and everyone has a different answer. not one lawyer that I met seems to have any firm answers. thank u in advance.
my current scenario...
my wife filed for divorce, U/s 13, our son is with her. I applied for dismissal of the case U/s 2(2) of HMA. iam an ST, she is not. we had a marriage for 13 yrs and a son aged 10.
after I applied for dismissal, the opp lawyer came for mutual settlement and gave us their terms of consent. the case stands here as of now. even the judge said that either we find what law can dissolve our marriage or settle it mutually else he would have to dismiss the case.
my questions are.
1. if the case is dismissed can I go meet my son at his school, and can she take any action.
2. if the case is dismissed, what are her options for alimony and custody and under what act.
3. if dismissed, what are my options to meet my son and under what act.
4. what other options does she have if the case is dismissed and under which act.
pls reply as per points, iam already confused with vague replies.
thank you.
1. Your relation with your son does not depend on the dismissal of a case. You can always go and meet your child at school, unless your wife obtains a restaining order against you.
2. She can file for maintenance under the Hindu Adoptions & Maintenance Act and file for guardianship under the Guardians and Wards Act.
3. You can file a petition under the Guardians & Wards Act or the Minority and Guardians Act and move an Interim Application for access.
4. Since the provisions of HMA do not apply to your marriage, she can file a declatory suit for reliefs under the provisions of the Specific Relief Act.
