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Rimi   07 December 2017

Multiple query rcr and custody

I am appearing party in person in local court. With the help of some eminent lawyer as Adv Vijay Raj Mahajan I have done argument and finished my case

1. I have won maintenance case under section 125 which still needs to be executed. 

2. Husband withdrawn RCR without pressing, filed divorce. Mediation failed. I have to file the objection. During RCR and divorce, the husband gave conditions for rejoining like: I cant be in touch with my old parent and have to give him money and he will not pay according to maintenance order. I gave condition: that he cant put any condition on my parent.I can give up arrear of maintenance but he has to pay monthly maintenance after rejoining. He should not ask money from me or my parent. He asked to take the case back to court. He told me to file RCR if I want to join him back. I have telephone recording of his demands as well.

3. Waiting for custody notice. He never visited kid before but last one month coming every weekend to meet the child since divorce mediation started

 

Q1. Why did he ask to file RCR? What is his benefit if I file RCR?

Q2. Can he try to take my son from me? Can I stop unsupervised visitation? The child is 5. 

Q3. Can I move back to my native after march? 

Q4. Can I file transfer petition while in the present place or only after moving to native?



Learning

 4 Replies


(Guest)

You should ask him or his lawyer. Here nobody is sitting with crystall ball to gaze and tel you about future.  If you cant live with husband, take divorce.

sowmya (business analyst)     07 December 2017

advocate Mr.Raj Malhotra
are you really a professional.
I have sought help from this group since 2010
if you are an admin, founder or moderator of this group you can remove me.
I think you are frustrated about something that you respond in a rude, sarcastic, offensive manner to queries asked by women who appear as party in person.
just today you wrote several unwanted comments including ." adjustment in bed / outside of it..
it is so absurd to see such rude comments in this great forum!
1 Like

Sachin (N.A)     07 December 2017

Members of Lawyersclubindia to Advocate Raj Malhotra 

 

1 Like

Vijay Raj Mahajan (Advocate)     07 December 2017

No don't file RCR. Your husband is good for nothing just forget him. Yes protect you innocent son. You will definitely retain his custody but the visitation for the father will also be allowed but on fixed time/day basis. Go back to your native place no one can stop you for that. As far transfer petition of divorce case from the present court to your native place district court will be done only after you shift there and find difficult to travel and conduct case outstation. That too you will have to file in the Supreme Court of India.
2 Like

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