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shrinivasg Advocate. (N)     12 September 2011

Divorce

TO all : the case is of divorce and child custody. My client  had  love marriage and 13 years passed. But before  3 years from now  she complained to the inlaws of her  female friend that she should not keep  unethical relations with her husband..From that day the husband is harrasing her (my client)and, instead of keeping the marriage tie alive and   filed divorce case for desertion and rudeness, but the fact is that he was angry for the complaint by my client to his girl friend/'s inlaws house. That girl frined took divorse from her husband (she has daughter of 12 years) and now after husband of my client for probably marriage. My client has replyed to her spouse's case of divorce and counterclaimed for Restitution of conjugal rights and maintenance and child custody(of 2 daughters). and residence order. In the meantime father in law of my client served notice to my client and her spouse(ie.his son) to vacate the premises(ie. flat owned by father in law of my client,but from anchesteral propoerty income) and not to disturb them,as he says his peacse of mind is disturbed due to the dispute.  what will be advise on this topics, as, though I am  an advocate I want further points and  knonwledge. 



Learning

 3 Replies

Adv. Chandrasekhar (Advocate)     12 September 2011

I support the every action you have taken in the interest of your client except filing RCR.  I do not see it as a good move.  One Sh. Shonee Kapoor wrote a beautiful article on uselessness of RCR petitions in criminal law forum and please read it to proceed further in that petition.  The husband can use this RCR decree to his advantage.

As the property is ancestral property, she will get, I suppose, shared household in DV case.  If she is a housewife, she along with two children will get maintenance and any way, the two children will get maintenance. Conntest the divorce decree with all your might. 

shrinivasg Advocate. (N)     13 September 2011

dear shoni kapoor

My client is still staying at her inlaws house and expect smooth family relations with all and hopes that one or another day her husband will leave the girlsfriend and join her hence RCR counterclaimed in divorce case filed by her husband.

shrinivasg Advocate. (N)     13 September 2011

Dear Adv.chandu.

I noted your reply to divorce case of my client. My client stays at inlaws house with 2 daughters and expect that one or other day her spouse will leave the girlfriend and rejoin her if court orders,hence RCR is counterclaimed.


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