Vijay Raj Mahajan
(Advocate)
26 June 2019
This Family Court matter not of ordinary Civil court.
As far issue relating to child custody, guardianship, maintenance is concerned that will be decided by the court on the basis of the present residence of the child and financial status of both parties.
Your child has been taken out of India, so unless the child is present here in India, the petition for child custody and guardianship under the Guardians and Wards Act will not be entertained by the Family Court.
As far the issue of share in the property of wife is concerned, you can defend it on the ground of her already taking away the huge amount of cash from your account, her name added to the property even without her contribution for purchasing it and definitely the court will consider all these issues raised by you while deciding the share in the property for your wife.
Half the share in the property to wife in jointly owned property is general rule but in exceptional cases the court while deciding the share in the property the raised objection as well financial contributions etc.all are taken in consideration.
The wife may not come to India for defending the divorce petition you file and you can get ex-parte divorce from her and continue to keep the property but as it has her name in the title of the property, selling it without taking her signature on the sale deed will not be possible.
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