Sunil M 04 July 2021
Dr J C Vashista (Advocate) 05 July 2021
Too long a story, be brief and specific for consideration and obligation of experts.
It is better to consult and engage a local prudent lawyer for appreciation of facts, professional advise and necessary proceeding.
G.L.N. Prasad (Retired employee.) 05 July 2021
The matter is already in court, and the court after hearing the arguments and studying documents has the discretion to pronounce judgment considering all the facts.
1.Your advocate can bring her absence and frequent adjournments to the notice of the Hon'ble Judge. 2. When you are not having any gainful avocation, and the wife is an employee, the court may consider that you need not pay maintenance, but everything depends on facts and arguments, 3.If it is self-acquired property, she may not be eligible to claim but it is inherited property, you have to give such share to your son 3,4,5,6:7,8 Please consult your advocate and make submissions before the court for consideration. Members can't foretell the outcome of a judgment.. 9. She is a Government employee and performing her rights, you can not file HC before HC as you know the whereabouts of her and you can only seek legal notice to her to come back.
There number of forums dedicated exclusively for men' rights and search in google and seek guidance from them, as matrimonial cases both parties had their own versions in a case pending before court, and members can not offer precise guidance without knowing facts.
Sunil M 05 July 2021
P. Venu (Advocate) 06 July 2021
Why don't you confine to the facts relevant to the issue?
T. Kalaiselvan, Advocate (Advocate) 08 July 2021
1. If she is not appearing before court and the court is also not worried about her absence becasue her advocate is representing her properly, you cannot claim it as a right, you may have to go ahead with your case proceedings as per law.
2. She may not be eligible for maintenance but the child would be entitled to be maintained by both the parents, you may have to give your share towards the child's maintenance.
3. No, neither she nor your child can claim any rights in your property at least not during your lifetime.
4. The custody of the child shall ordinarily be with the mother until the child attains 5 years of age.
5. Yes, you can.
6. You can
7. You can file a contempt of court case against her if she disobeys the court order.
8. Contempt of court case is a different subject to that of the child custody case.
9. No, it is not maintainable, do not be misguided by any such false information.
Sunil M 08 July 2021