oxy (mba) 21 April 2015

Need help

hi,

i need a help. can any one advice me properly

1) its been 3 yrs i got married and i have a son. from the day of my marriage my wife used to stay at her parents home most of the time..and its been a year..we are staying seperately i filed for a divorce in terms of curelity, she filed for rcr,

i am asking her take alomony and leave me alone ..she says i wont give u divorce and u i wont make u move on with ur life..what can i do now

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2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 21 April 2015

Divorce cannot be given by the court like cash &carry service. You must show strong evidence about cruelty from your wife. conduct would amount to cruelty was a question of fact to be decided on the facts and particulars of each case. When a divorce was being sought on grounds of cruelty, the acts complained should be so grave and weighty to enable a court to conclude that one party could not reasonably be expected to live with the other.

chisnr 21 April 2015

Hi Team,

Can u pls guide on the below issue urgently.Father after applying for divorce ,abducted the child from his mother and mother filed a police complaint. immediately .Father got an interim injunction (custody of child) on the 3rd day end of the day after abduction as per below section and produced to the police.This order was received without being an opportunity of being heard by the mother.This order is received claiming wrongly that the custody of child is with the father.

Is a interim injunction custody of child (Male ,Age 4 years,Religion -Hindu) taken under petition under XXXIX Rule 1 & 2 R/W Section 94(C) & 151 C.P.C is legally valid or not ?.

Can this above section can be applied to child custody ?

If this illegal custody misguiding the court means , kindly confirm the consequences.

Thanks