Divorce Case
Rajeev Singh
(Querist) 27 April 2015
This query is : Resolved
Have to file a case for divorce through the husband since he has found his wife to b involved in xtra marital affair for which he has mobile records available.
Can some1 help in guidance and provide a format for drafting. Also the child is 3 yrs old can the husband claim her custody.
Also the wife alongwith daughter is in other city. Can I file case in my city if yes how.
Can u also giv referance on the order of SC by virtue of which the wife gets case transferred at her native place or how can I restrict her in filing other cases against husband like 498a or 125.
Pls help. Tnx in advance.
Kappil Cchandna
(Expert) 27 April 2015
Sir,
Give me a call and I will be able to provide drafts and guidance and all ....
Warm Regards
Kapil Chandna Adv 9899011450
Devajyoti Barman
(Expert) 28 April 2015
Do not go for a sample drafts as each case has it own flavour which requires special treatment as far as drafting is concerned.
You better meet a local lawyer and give him full facts in writing on which basis the said lawyer will draft the divorce petition.
Do not get swayed by any gimmicks.
Rajendra K Goyal
(Expert) 28 April 2015
Drafts are not provided, it may be of negligible use to you.
We do not provide citation.
You can file case at your place, wife can get it transferred to her place.
SAINATH DEVALLA
(Expert) 28 April 2015
U R an advocate, U can do it UR self or else take the assistance of a senior,nothing wrong.
Guest
(Expert) 28 April 2015
Mr. Rajeev Singh,
You claim to be an advocate, as per your profile, but you have asked questions as a novice student of law. I wonder, if you are really an advocate.
You have asked from the very initial process of drafting, which you don't know. You have asked process of subsequent stages, like how the husband should claim the custody of child. You have further asked whether you should file the case in your city and also HOW? Still further, on behalf of the wife, you have asked for referance on the order of SC by virtue of which the wife gets case transferred to her native place, while you are proposing to file case on behalf of the husband. Still further, you have asked, HOW CAN YOU RESTRICT HER in filing other cases against husband like 498a or 125.
I wonder, why you have not asked the whole long process for all the stages from lowest court to the HC and then even up to the level of Supreme Court?
Questin arises, when you don't know even a single process of handling a divorce case and you also don't want to go through the related law books, why you have taken up such a case when your client can get ruined by your inapt handling of the case.
Better advise your client to hire some other advocate.
However, if you are trying to solve your academic problem, forget about the experts holding tutorials for you, as a law student. In that case, better concentrate on your course modules and the related law books.
SAINATH DEVALLA
(Expert) 28 April 2015
Rightly replied by Dhingraji,nothing more to add
Rajeev Singh
(Querist) 29 April 2015
Mr. Dhingra
Without knowing and understanding atleast u shudnt have wasted time in drafting such reply. Wat am s eeking to know Isito find out ways to safeguard my client.
Asking for custody I wanted an opinion if any how can I file for custody in the city where the husband belongs as the wife and child are in other city.
please read the msg pointwise may be then u wud understand wat I wanted to know.
And as to wat I am is of no concern.
it was the opinion I seeked not criticism.
anyways
Guest
(Expert) 29 April 2015
Mr. Rajeev Singh,
When you are unable to give appropriate background of the case, how you expect me to predict, what is what of the case. I really wondered about how, like a layman, you desired several things from the experts community, as if you did not know ABC of the law, when you claimed to be an advocate, as per your profile.
Don't worry, my earlier reply was based only after reading your message pointwise. If you wanted to seek opinion, your post is still open for others to give their opinion. So, why get irritated on my views, which are correct, as based on your own statement clearing showing lack of any knowledge or experience in law on your part.
Why don't you admit that you are a law student and you desired help in solving your academic query, not a real problem?
Rajeev Singh
(Querist) 01 May 2015
Mr. P. S. Dhingra
I dont need to admit anything nor show anything to you as when u cannot simply understand what am trying to say then no point expecting any healthy response from you. Since u dont understand the problem itself.
Guest
(Expert) 01 May 2015
Mr. Rajeev Singh,
For you healthy response may be that response that can suit your taste. But, for such type of healthy cum tasteful response, reality cannot be ignored, which is quite evident from your questions and the way of asking questions, which cannot be expected from a person pretending to be a practising advocate, while he does not know even the general court procedures.
If you believe that I cannot simply understand, what you were trying to say, why other experts have not responded, who would have understood, what you were trying to say? Anyway, when Advocate, Shri Kapil Chandna, has already given you very open offer to give him a call and he will provide drafts and guidance, have you contacted him so far or not? If not any reason for not contacting him for the last three days?
YOU MAY ADMIT OR NOT, YOUR QUERY IS MERELY AN ACADEMIC QUERY, NOT A REAL PROBLEM.
T. Kalaiselvan, Advocate
(Expert) 03 May 2015
Yes it appears to be an academic query, expert Mr. Dhingra is right in his observation. The author cannot be rude with the fellow, that too senior advocates. This attitude will not fetch him any help from legal fraternity.
SAINATH DEVALLA
(Expert) 06 May 2015
Adv Rajeev,UR reaction to a seniormost like Dhingraji was unwarranted and it amounts to insulting the expert.Hence U should be patient enough to respond in a responsible manner.Moreover u started UR query " I WANT TO FILE A DIVORCE CASE AND NEED A DRAFT OF THE PETITION",for which U have been adequately assisted or educated, hence U have to be choosy in UR words when U R replying back to the experts.
