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Ratan Thakur (rcb)     25 May 2014

Please help!!!!

I got married in 2006. In 2011, when my son’s age was one year, by the influence her parents and women dominated law, my wife left house with my son and filed a totally false 498a case against me. By the grace of God police did not find me in my house and I fled away from police for two months and saved my Govt job and got bail from high court. Nothing found criminal against me in 498a and court dismissed the case few months back. I filed RCR in 2011 and petition for the right to visit my son in 2012 which are still pending in court. By arranging private detective, I got some photograph of her with her colleague in awkward state in park. Recently she filed a divorce against me in the adjacent district where I filed the RCR. I want to get the custody of my son by hook or crook as I feel my rest of life is only for him. I want to give her divorce if I get custody of my son otherwise not because that may hamper my wish of getting custody for coming years. My question is (1) Can I get custody of my son showing the extra marital affair of my wife? (2) Can I transfer her divorce case in my district court as I feel RCR and divorce case should be in the same court for proper understanding towards judgement. (I feel the judge is biased towards women and any contested divorce under him get disposed within six months). Your sympathetic reply can be a great relief for me.   



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 12 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     25 May 2014

file a custody petition. You will succeed. divorce petition can be hear where the respondent court resides. You have to argue about   of extra marital affairs to the court. 

Ratan Thakur (rcb)     25 May 2014

Thank you Mr Ramachary for you kind reply.

G. Y. Sharma (Advocate)     25 May 2014

Dear Questioner,

You said you have already filed an OP for RCR and one for Custody of your Son. If the Petition for custody of child is under The Guaridans and Wards Act, it is OK. As regards to your OP for RCR, you said it is still pending in the Court of Law. You have further stated that your wife has filed an OP for Divorce recently. You just attend the Divorce OP and file a Petition under Section 10 of CPC seeking to stay all further proceedings stating that you have already filed an OP for RCR against your wife and that the same is pending and that if any thing has to be agitated, it has to be done in your OP for RCR by seeking a Counter-Claim therein but not by way of a separate OP for Divorce in some convenient Court of Law. You can also seek for clubbing both the matters as an alternative Relief. Or else, approach the High Court and bring a Stay arraying all the above.

With regard to the custody of child, yours is a fit case. You can agitate the welfare of child which will be the main basis for giving custody by a court of law since the welfare of the child would fall in doldrums if the custody is remained to be continued in the hands of your wife who is recently seen in an akward position that too in a public place. 

All the best.

Truly Yours,

 

G. YADAGIRI SHARMA,

                                  M. Com., LL.M.,

G. AMRUTHA KUMARI,

                                   M. Com., LL.M.,

ADVOCATES

H. No. 2-1-178/1, 100 Feet Road

Vidyaranyapuri, Hanumakonda.

WARANGAL DISTRICT – 506 001

*: 98 493 45 755 – *: 99 66 45 66 85

 

gysharmaadv@gmail.com

G. Y. Sharma (Advocate)     25 May 2014

Dear Questioner,

You said you have already filed an OP for RCR and one for Custody of your Son. If the Petition for custody of child is under The Guaridans and Wards Act, it is OK. As regards to your OP for RCR, you said it is still pending in the Court of Law. You have further stated that your wife has filed an OP for Divorce recently. You just attend the Divorce OP and file a Petition under Section 10 of CPC seeking to stay all further proceedings stating that you have already filed an OP for RCR against your wife and that the same is pending and that if any thing has to be agitated, it has to be done in your OP for RCR by seeking a Counter-Claim therein but not by way of a separate OP for Divorce in some convenient Court of Law. You can also seek for clubbing both the matters as an alternative Relief. Or else, approach the High Court and bring a Stay arraying all the above.

With regard to the custody of child, yours is a fit case. You can agitate the welfare of child which will be the main basis for giving custody by a court of law since the welfare of the child would fall in doldrums if the custody is remained to be continued in the hands of your wife who is recently seen in an akward position that too in a public place. 

All the best.

Truly Yours,

 

G. YADAGIRI SHARMA,

                                  M. Com., LL.M.,

G. AMRUTHA KUMARI,

                                   M. Com., LL.M.,

ADVOCATES

H. No. 2-1-178/1, 100 Feet Road

Vidyaranyapuri, Hanumakonda.

WARANGAL DISTRICT – 506 001

*: 98 493 45 755 – *: 99 66 45 66 85

 

gysharmaadv@gmail.com

Ratan Thakur (rcb)     25 May 2014

Thank you G. Y. Sharma and G. A. Kumari for your informative reply. I shall talk to my Advocate showing your viewpoints. 

                   

Ratan Thakur (rcb)     25 May 2014

Dear Rocki Smith, Thank you for giving me the idea about the defamation cases. My defence is over. I shall attack now.

phanindra (technician)     25 May 2014

my name is triveni i got married with my mothers brothers 7 years back now iam asking for divorce due his harrassment and he made me house arrest and always blaming and making me torture And now i cant even go to police station and give complaints.wat is the procedure.i have asked my friend to send u this msg for help

G. Y. Sharma (Advocate)     26 May 2014

Dear Triveni, 

We could understand your situation. We are unable to understand how you could survive yourself for these may years. Anyhow request your friend Mr. Phanindra to move an application before the appropriate police narrating your miseries as briefly as possible. The police will certainly come to your rescue.

Hope this would be helpful to you by all means.

Truly Yours,

 

G. YADAGIRI SHARMA,

                                  M. Com., LL.M.,

G. AMRUTHA KUMARI,

                                   M. Com., LL.M.,

ADVOCATES

H. No. 2-1-178/1, 100 Feet Road

Vidyaranyapuri, Hanumakonda.

WARANGAL DISTRICT – 506 001

*: 98 493 45 755 – *: 99 66 45 66 85

 

gysharmaadv@gmail.com

T. Kalaiselvan, Advocate (Advocate)     26 May 2014

@Rathan Thakur:  As advised by others, it is better to make an arrangement with her to accept her divorce petition provided she accepts your condition to have the custody of your child with you forever after the divorce is granted. That may work out. Try.

G. Y. Sharma (Advocate)     26 May 2014

Dear Triveni,

We are not able to understand how you are bearing such torture for these many years. We however advice Mr. Phanindra, your friend to make a complaint before the nearest police immediately and narrate your miseries. Or else try to escape from the clutches of your husband and take shelter of The District Collector who in turn would send you to some Rescue Home.

G. YADAGIRI SHARMA,

                                  M. Com., LL.M.,

G. AMRUTHA KUMARI,

                                   M. Com., LL.M.,

ADVOCATES

H. No. 2-1-178/1, 100 Feet Road

Vidyaranyapuri, Hanumakonda.

WARANGAL DISTRICT – 506 001

*: 98 493 45 755 – *: 99 66 45 66 85

 

gysharmaadv@gmail.com

phanindra (technician)     26 May 2014

thank u Mr.sharma sir but actually her husband is having a good contact with nearby police and can she contact women protection cell for help and what she has to do or if i will call women protection officer ND EXPLAIN him,is there any way and she is facing problems from these past years due to her parents and they are blackmailing her that if she will not be with her husband they will commit suicide and now she cant bear and she is having a son of 1 year old.they made this without her interest and there is no legal registration of her marriage and they made marriage to her at the age of 17 years.please guide us sir

G. Y. Sharma (Advocate)     28 May 2014

Dear Triveni,

I can not comment more than what is narrated under the facts given by you. It is surprising to note that when you are subjected to such much harassment by your husband, your parents start demanding you to live with your husband. Albeit any extent of fear of Society, no parents would call for their daughters so to do. As far as the raport of your husband with police, the police department is not such much blind. If the lower cadre police are acting against your interests and happen to be hand-in-gloves in the hands of your husband, the higher officials in Police Dept.shall not be so. Hence report the matter to The S.P. concerned under copy to DIG, IG, The District Collector and also to The President of Legal Services Authority/Lok Adalath nearby. Make it a note that Your complaint against your husband of his harassment shall also be mentioned the attitude of your parents and their threatening for suicide. Contact an Advocate to file a Domestic Voilence Case also.

GY SHARMA

ADVOCATE


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