Dear sirs, the family court granted divorce by mutual consent in the absence of the husband, before the mandatory 6 months waiting period and without a joint second motion. This resulted in the husband being denied to access of his child [girl now 10 years] which was an important term of mutual consent. Husband tried contacting wife about access and also where to send maintenance. Wife refused to respond as she had changed residences and school of the child without intimation to husband. Exasperated, husband approached the High Court challenging the decree of divorce on the grounds mentioned in the first and second sentence above. The prayer in the appeal was to remand back the matter to family court for hearing on merit and custody of the child. In the process before the High court she has filed affidavit that she is no longer using the flat provided by the husband. The appeal was admitted, heard and has been reserved for judgment.
My query is as follows:
1. Till such time that judgment is passed, can I approach Family court for access during coming summer holidays?
2. Since she is no longer staying at the flat provided, can I invoke section 8 of Hindu Minorities and Guardianship act in the Family Court to ask for the return of the said flat with the sole objective of disposing it and making arrangement for maintenance for the child upfront in the form of fixed depost right upto her turning 18 years of age. [this property is co-owned by husband, his father and mother]
Many thanks in advance.
