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whatnot   05 October 2016

May i pick your brains?

I want to give my best to a friend of mine. And I really like no stone unturned in my efforts. I believe Autohide, Sidarth, Anushman, Venkat, Vibha and many more are outside thinkers and offer a valuble suggestion.. So this question is directed to all to all give their best out-of-the-box suggestions.

 

Scenario is this.. After 6 years of typical married family life, due to a heated convesation , wife moves to her parents home. Husband moves to abroad as cooling period. But before his return wife packs off from rental home, takes the kid and moves permently to her parent home. On his return husband goes to his in laws place and gets thrown out.. Due to work commitment he travel abroad again..And through well wisher tries negotiation. All else fails approaches with a legal notice. Gets counter accusation in reply. Upon wellwishers suggestion bids for time.Send few messages. Approaches court on RCR with inriem visatation rights for child Sec26.. Wife collects notice. But fails to appear. Second hearing is scheduled to exparte if respondent again abesents.

 

No cases filled by wife. But is a feminist. JNU product. So knows laws of woman empowerment. Husband is also quite resourceful. Since first incidence, 2years have passed.

 

Legally, 498a holds little water. Family stayed abroad. Moved to India. Stayed on rental place. Harldy family intervention. But wife can pursue of spite. But husband is not worried as he has enough documents to prove and legal team is pretty strong. Anyways he may come back to India. So no problem with bail should it go that far.

 

DV mayn't hold water. Money was complete in wife's account for NRI reasons. So she has used to build a home for her parents.. There was tactical approval from husband. But nothing in writing. So money has been spent for her own family bebenfits. Funds were transferred directly to wife's mother account.So husband planning to file a 379 case on her family naming her wife.. Should help in this reagrd.

 

Maintainance , no case yet. Has refused funds from husband since separation. More qualified than husband. This would weak case at best. But legal headache for husband..

 

What should husband do? Planning to visit her parent home again. Can handle physical and police pressure.  He wants to move on with visitation rights to child. But wife may oppose beacuse of personal reason.

 

Should husband go to her parents place...before RCR court date?. What can go wrong?

 

Autohide, your creative juices please.

 

Thank you



Learning

 14 Replies


(Guest)
379? Bullsh*t. Get ur brain mapped before advising legally anything. With the kind of advices u tend to give to whoever, person would no doubt be in more trouble than before. Refrain giving advice or taking advicr from the great gang of social thinkers who have nothing but undergone themselves and or undergoing marital disputes with respective spouses, as it will cause more harm than good as none of them are practicing advocates like me who always tend to have biased approach coz of previous self failures than someone like me or other Ld Brethren who only see each case from point of view of Law and client satisfaction keeping in mind fiduciary relationship between Principal and Agent. You may ask the above gentleman to contact me by taking my phone number via pm.

whatnot   05 October 2016

Ok. Thank you.

Before I send a message for your number, any indication on what flavour would your suggestion be in general terms?. Thanks


(Guest)
379? Bullsh*t. Get ur brain mapped before advising legally anything. With the kind of advices u tend to give to whoever, person would no doubt be in more trouble than before. Refrain giving advice or taking advicr from the great gang of social thinkers who have nothing but undergone themselves and or undergoing marital disputes with respective spouses, as it will cause more harm than good as none of them are practicing advocates like me who always tend to have biased approach coz of previous self failures than someone like me or other Ld Brethren who only see each case from point of view of Law and client satisfaction keeping in mind fiduciary relationship between Principal and Agent. You may ask the above gentleman to contact me by taking my phone number via pm. Best of luck for extracting juices from creative brains!

(Guest)
U want any specific flavour of reply? Please mention it in your order. So that reply will suit ur taste!

(Guest)
U want any specific flavour of reply? Please mention it in your order. So that reply will suit ur taste!

whatnot   05 October 2016

Ok. Here it is.

 

1) At the edge of getting RCR exparte with visitation right, should husband do a visit to his in-laws place before the above decree?

 

2) After almost 2 years of separation and having had decent traditional family life with no voilence what are chances of 498a being purusued by wife at this moment?

 

3) Would the DV has a chance once husband visits in-laws place where wife is currently staying?

 

4) How messy can it get for husband. Until now, he has clean breakaway, no drama, no cases. Would it turn into reality becuase he wants to meet his wife and kid  before court issues any decree.

 

Thank you.

whatnot   05 October 2016

@autohide

 

Appreciated. I concur same and have suggested similar. But I guess it carries more value now.

Thank you for your efforts.

 

 

My turn to wait for other to reply..

Thank you once again.


(Guest)

Case is typical of upper middle class. The problem is wife's ego and stubborn mindset.

498a, DV - not to worry much about. 498a easy bail. DV as much trouble for her as him and she'll lose case also, so most likely won't file. People like lawyers who see a lot of these cases scare the husband, but I wouldn't worry much about these.

379 - no use. Don't even go near that crap.

Try if wife and/or her parents come forward for discussions or amicable settlement. Looks like they won't, but try with a third person mediator.

If they don't come forward or if talks fail (most likely they will because its very hard to satisfy wives in these situations. Their aim is to just harass and win over the husband so will not agree to anything), then file for visitation rights first. If she doesn't obey the visitation orders, file GWOP and use her adamncy as proof to win the GWOP to win custody. Possibility of losing custody can scare her up and make her mend her ways. If she doesn't still and resorts to steps like cases including 498a, DV, MC, 13(b) etc. then have to just fight them. At least he can have peace with himself that he did everything he could for the child including legally.

Good luck,

 

 

 

 


(Guest)

For such why did they produce a kid?  Shame on these people and I feel sad that above people instead of trying to unite these two cracks are giving advice on how to fight some more, and make suffer the kid.  

 

It would be advisable that for sake of kid the two should work on their marriage rather parting ways only to spoil life of the kid.  After a kid one should not go for divorce no matter how hard marriage becomes.


(Guest)

With due respect Helping Hand, that is the ideal scenario, but you know as well as anyone that it is not easy. For that to work, both have to be sane and sound, but usually at least one party is not: either father doesn't care for kid, or mother is adamant to allow interaction with kid. These ego battles go on and on for years till kids grow up. I agree when you have kids, you shouldn't opt for or allow for divorce, but if everyone has that sense, world would be a much better place!

innocenthusband   07 October 2016

Originally posted by : whatnot
Scenario is this.. After 6 years of typical married family life, due to a heated convesation , wife moves to her parents home. Husband moves to abroad as cooling period. 
 

 

 

 

May may I pick your brain, or you rather pick your so called imaginary friends brain? 

 

1. No case filed by wife indicates that the problem has been caused primarily by the husband

2. Wife doesn't move to her in laws home because of a "heated conversation". Try again, or ask your friend to come up with better excuses

3. Wife has not filed a single case against husband and you call her a feminist and a "Jnu product". your friend deserves a ton of cases for being an insolent liar of the first degree.

 

now that your friend is enjoying a wonderful life with another woman abroad, ask him to serve divorce papers to his wife and try to end the marriage amicably, by which he can gain visitation rights.

 

whatnot   09 October 2016

Thank you Mr. Ramesh Singh. Concise suggestion.

 

@innocent husband,

Didn't see any constructive suggestion. But thank you for participating.

 

@Mr. Venkat,

Thank you for valuble suggestion.

 

@Helping hand.

Hope is eternal. Since I requested a helping hand, I would consider this as your best suggestion coming from a senior member. Thank you.

 

The 'Friend' and his 'wife' are lurking these sites. If they wish, they will add or respond to each ones remarks.

 

As a wellwisher my job is only to facilitate best outcome for all parties concerned.

I have no issues to grind. Or scores to settle. Familiarity breeds contempt. When third party echoes similar suggestion, I hope the concerned parties gets realised futility of fighting over spilled milk..

 

 

But again, Pride before fall is all to prevalent.

 

I do fancy, how many of 360,000+ members will particpate in this discussion.

Hence I will keep the thread open.

Thank you

 

 

 

 

innocenthusband   09 October 2016

Originally posted by : whatnot
@innocent husband,

Didn't see any constructive suggestion. But thank you for participating.
 

 

 

Cant offer any  when your friend is lying about the true cause of his separation. As it is he requires no advice when he has no cases put against him. In the interest of his child's future he must divorce and seek custodial rights of his child. Hiding abroad does nothing good for his kids.

whatnot   11 October 2016

@ Mr. Ramesh Singh,

Agreed.

Thank you


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