My 498(a) wife has got a ex parte decree from court for my property to be divided by meets and bounds(dont know what that means) on behalf of my minor son (10 yrs) stating that I am spend thrift and drunkard.
Unofficial enquires regarding the decree shows that the decree was passed as the summons to me/my mom/brother were intensionally returned. Address for delivery of summons is for a house which was vacated sometime ago and the summons to my brother could not be rejected by him as he lives abroad and he was not in India on the dates mentioned.
The lawyer I plan to hire and have consulted advises me not to act on it now as after 30 days FDP process will be initiated and summons will be sent again (FDP-final decree process) then we can take up the issue and have the case reopened, any action from us now will raise a question regarding knowledge of decree and no knowledge of court summons.
Property in question is ancestral and we (myself and my family do not deny nor have ever denied the right of my son his legal share of the property)
None of my family lives in the town where the property is located or the case is on. It's partly commercial and partly residential with rental income.
My RCR/IA for child custody case(Dec 2009) aganist my wife is in arguements stage, expecting decree by end of september.
498a case(Jan 2011) by wife, has completed 18 out of 22 witnessess examination/cross exam, only 3 police constables/officers and one Investigation officer deposition/cross exam left.
1. Is this a safe procedure?( waiting till final decree process starts)
2. What timelines will I get between the order and actions to be initiated by 498 wife? is it mandatory that this will be advertised in local papers before any action is taken, if so at what point of time will this happen?
3. Will the 498 wife be allowed to enter the property on behalf of minor son and allowed to manage the property on his behalf?
4. Can a registered WILL from me and approvals through affidavits by my mom and brother that we donot dispute my son's share in the property suffice to mitigate any action from the court?
5. What bearing will the RCR/IA for child custody have if its decreed in my favour? ( asking wife to join me and making me legal gaurdian of child)
6. How can I mitigate this from becoming a full blown case?
Please advise, I'd be much indebted to you all for this.
thanks!!!!