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rising up again (FFF)     07 April 2014

Few CASE related questions..... !!! expert advice solicited...

Dear FORUM, 

Have small queries......plz help... !!!

Case brief  - Case not yet started. she stays in my house , so cannot throw her out. i take care of the child  and she gives only one hour to the child in 24 hours. he sleeps, eats, plays, bathes, goes to markets, malls, parks, playgrounds with me.... am doing everything for him. she always busy in her job, her brothers, friends and her job. no time for family at all or even her son. tried all possible ways for MCD but she needs crores...or will not leave the child. hence, i cannot get divorced... easily. threatens me of 498A, DV etc...  am ready and prepared for this..now.. but a few things weaken me... 

 

1. for a 7 year old son....what should the father do to ensure child's custody ?? cannot leave my son... at any cost... 

 

2. can I take the child on holidays in india and abroad ? she says, she will complain to police, if i go with him. can she do anything against me. will it bring some legal complications if travel abroad with my son ?

 

3.  she started shouting in our house balconies and tries making a scene, which actually makes us go quiet and cannot even argue with her. at that point of time, cannot even pull her into a room or make her stop shouting by putting a cotton ball in her mouth. this is seriously giving us big trouble and is giving us bad name in front of our neighbours. can we stop her from doing so ? how ? will police help or courts ? and can we file a defamation case against her as i have many video evidences of her doing so ??? 

 

4. what is the normal time frame it takes to fight a divorce case ?? and if i win, what can i do to teach her a lesson ? 

 

plz do help... 

 



Learning

 5 Replies

Struggler (Senior technical associate)     08 April 2014

Hello Brother I am also into same kind of situation please let me know if you find some solution.

Thanks,

Struggler

ANAMIKA VICHARE (LAWYER)     08 April 2014

First of all, yours iis not a normal and simple problem.   However, you could make it simple, if you wish so....  You say that you are with the child for almost 24 hours, create records, audio, video, record of her threats.... ask her if she could accompany to you to foreign trip, if not, then you go.....she must be hving affair, try to find out that...herfacebook, her mobile call log.....Prepare fully in advance so that the solution would become easy

anamika_vichare@rediffmail.com

Purush Hakka Saurakshan Samittee

harish (manager)     08 April 2014

Guys the very first thing- court does not entertain dowry cases if the marriage is more than 7 yrs old and u have a 7 yrs old kid Now about domestic violence , whether u r good or bad if u file for a divorce she is gonna file for dv n stuff So prompt her to do that , just give her a dose (proper wala ) but make sure good hunters dont leave a mark ;before that get her itr and salary slip to reduce your maintenance burden , be prepared whether u earn more or less than her , u have to hive maintenace(if the child is involved) Secondly , shift to some rented accomodation so that she cant claim for house and stay there for atleast 6 months , then let her njy d lonliness, now comes the proofs and evidence part , if any of her bf's come to that place call 100 and lay her down , witness will b police wala's Taking Divorce can b a long goal bt if u prove adultery by this way , it will take 1.5 yrs max in lower court rest ur luck if she doesnt appeal in high court

T. Kalaiselvan, Advocate (Advocate)     09 April 2014

@Rising up again: yours is not a isolated case, such unmindful disputes have become very common in most of the households especially when  both the spouses earn and their income is so much surplus that they  do not know what to do next hence out of ego and over  other petty reasons, between them, they start fighting with  each other tooth and nail resulting into worst  developments similar to what has been shared by our dear friends here.  In your case, if you want to stay out separately away from her, you can very well do it but it will be termed as that you have voluntarily abandoned her association or deserted her, instead you have an option to file a divorce case against her on the grounds of cruelty and also non-cohabitation for a period of more than two years upwards (if it is a fact) though you both are living together under the same roof ever since your marriage and since the child is there with you itself now, you do not have to file a separate case for its custody, let she react to it and you counter her claim. The domestic violence case and 498a case may follow suit but do not be deterred over the threats, be firm on your stand. The higher education and resultant high income through salary etc.,are infact sending wrong signals to a few pro-women lib characters resulting into such misunderstanding and in-adjustable situations and never ending woes turn up to bitterly contested matrimonial disputes.

There are solutions to every problem.  First try for an amicable situation, on failure, send her a legal notice to mend her ways and cooperate to lead a peaceful happy married life, if there is no response or on provocation if she adopts some other legal actions, you may go ahead with the divorce petition. Better consult a lawyer and take his advise before taking a decision.

rising up again (FFF)     10 April 2014

dear all, 

 

thanks for your replies...but you have'nt answered my questions.. i am currently facing such problems and need a remedy on the same.. your replies on the same would be of great help.... thanks....

 

 

 


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