Need advise

@ Author


1. As you say neither party has enough evidence to establish respective claims in their case filings then in my opinion it is better to sit un-biasedly with your wife and settle the issues between you two for children sake by finding a mid way path.


2. If you win RCR then it cannot be executed to bound her to come back but will be grounds for divorce which you say you donot want so RCR will eventually lead you to one day or other before 1 year after its final order (may be in your favour) to make up your final mind what you want out of this marriage with two kids.


3. If both of you living in different cities especially your wife having custody of children as you say then it is not clear from your brief if children with her or she left them with grandparents of her side ? As per persuasive Law children needs to be with both parents and during custody contest situation they need to be with either party and /or not with grandparents especially when mother is not living with them and court has maintained status quo on children from past 2 years! However this point besides, your brief is based on external influences spoiling / influencing a decade long marriage with two kids. Go and hit the root cause by persuasive pleadings as to what is the reason they interfering into two married adults life?.

4. As per respective Court calendar it is difficult to predict for sure how long the duration between two hearing could be. If your advocate says it may be 15 days apart then take it minimum 1 month apart but then you say it becomes difficult for your wife to attend cases so take chances of adjournment too now and then.

Leaving a contract job for makign regular attendance of court cases is not a good idea atleast one needs to earn a living on and off to sustain not only legal fees of various suits but for travel spend and for his daily needs and for providing good future for two children via some savings / maintenence.


Sum total MCD could be one option when civil cases are being contested after 10 years of marriage and seems wife is not interested in filing criminal cases on you and your side of family so either with more persuasive talks she may be asked to rejoin or with polished terms and conditions MCD could be another option with shared parenting of children instead of spending another 4-5 years in various courta and by that time children will be tuned in well with their friends company more than either parents company. 

Tajobsindia

Thank you! Tajobsindia for a detailed reply.

Do you know the duration and time of summer holidays for courts?. Our case is in Vizag family court.

It is better to refer the case to the mediation centre, where meditor will try to solve your problems.

See below link for Vishakhapatnam Court Calendar

https://hc.ap.nic.in/aphc/hc2011/lccalendar2012.doc

You have mentioned that she filled case in her town.Which case it was?

you have mentioned,'my wife is hiding them from me and she filed custody for the children and I filed RCR'.

Why did she filled for child custody if she had them with her?

you can file for transfer of case to your city,if it satisfies any of the below conditions:

Thank you!

I mean she applied for Gaurdianship of our kids.