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suman talukder   25 June 2015

girl child custody when wife is indulged in adultery

I got divorced on sep 2014 on grounds of adultery on my wifes part.It was an ex-parte one sided divorce.My daughter is nw almst four and hlf yrs old and staying with my ex-wife.If i file for the custody of my daughter on d basis of how i got divorced on grounds of adultery,wot r my chances of geting the custody of my daughter??


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 6 Replies

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     26 June 2015

ur chances are high but depends upon a lot of factors.

u can win this heartaching battle ONLY IF u go PIP otherwise diff authorities will try fooling u at diff levels (that's only my personal suggestion & experience)

 

make ur decisions wisely also engage yourself in some productive work. show urself gud to take care of her education wise, financially, welfare & health wise.

 

detective to be sent behind her to prove how she is NOT a stay at home mom & u are a stay at home dad or u have time etc to take care. sit withh diff experts keep collecting points make your statement yourself file it yourself, be ready for a head on fight if u have the reqd zeal. of course there is expected to be a lot of heartaches but starting from vizitation u can argue on various issues.

 

remember the longer time u put the more time that lady gets to brainwash the little child.

 

in prayer ask for short dates. mention 21-B HMA speedy trial in the prayer. if still judge gives a 6 months date, file an interim AT FILING SECTION (do NOT give interim to judge - give it to FILING SECTION so it is put up within 1 or 2 days. Else if u give to same judge he will give at least 1-2 months time based upon his busy schedule)

 

 

START EARLIEST POSSIBLE / IMMEDIAQTELY IF POSSIBLE

 

SAINATH DEVALLA (LEGAL CONSULTANT)     26 June 2015

During the divorce process didn't U claim custody of the girl? 

suman talukder   26 June 2015

I didnt claim the custody as i was briefed by my advocate dat both divorce and custody are different issues alltogether.

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     26 June 2015

based on new facts by u:-

if in the MOU or agreement signed by u if there is nothing written by u that u gorefo your emancipation rights over the girl then within next 4-5 days file cstdy dear.

 

further, even if u have written that u forego all ur rights wrt cstdy EVEN THEN u still have right to meet with her BOLE TO viztation

 

be 100% confident, it is 100.75% possible. go ahead

जुट जा मेरे भाई

देर न लगाईं 

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     26 June 2015

also check HAGUE CONVENTION on google 

or HAGUE COMMITTEE RECOMMENDATIONS 

check it wrt INDIAN CONTEXT.

if any brilliant ideas come to your mind then do it without disclosing on internet.

u are in India dear, exploit the loopholes, study the law from this angle & go ahead, best wishes !!!

SAINATH DEVALLA (LEGAL CONSULTANT)     27 June 2015

Dear Atur Chatur, 

U R not an advocate either by academics or profession,U may be aware about the legalities but U may not be able to deliver the correct solution to the querist in legal aspects.Hence don't intrude into the legalities but U R free to give advices.

Dear Querist, as U have got divorce from UR wife on the grounds of adultery on her part,U can certainly claim custody of the girl child mentioning her future.


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