Divorce custody
Samanth kumar
(Querist) 01 August 2015
This query is : Resolved
Dear experts, my cousin Hindu, got love marriage with a Christian lady in a church. after 5 days of marriage, wife left husband and living with her parents till today. (After 8 months. Male child was born) husband made many mediations, but she never back to husband. After 3years of desertion he filed divorce case in district court . after 4 years now case is at the stage of arguments. They have 1 male kid of 6 years old. Now total desertion period is 7 and half years. Now at arguments stage she is demanding a huge amount or she is telling husband to take son. Her demand is "GIVE MONEY OR TAKE SON" . Wife is a Government employee, husband is a private worker with less salary. Now wife age is 41, husband age is 42. After 5 days of marriage no relation or communication between husband and wife . Husband never visited wife's parents home in these 7 and half years period. They are living at different places of 200 km distance. Please suggest sirs
Sudhir Kumar, Advocate
(Expert) 01 August 2015
he was Hindu married in church. either he has converted to Christianity or he has fraudulently expressed himself to the pastor that he is christian.
the said lady can also lay an allegation of rape. she was taken home by him making her to believe to be legally wedded wife whereas a marriage between Hindu and christian (unless under Spl Marriage Act) is illegal.
the parson who conducted this marriage is also criminally liable as abettor if he knew that husband is not Christian.
Her plea is correct, why he should not bear the cost of living of the child?
There is no offence for lady if she is Govt employee and there is no credit for him if he is less paid.
Samanth kumar
(Querist) 01 August 2015
Thank you sir. There is no despuite on marriage. Both signed and taken marriage certificate also from church pastor, witness of 2 journalists. If they live happily it is good, if Hindu and Christian. But wife is always dominating and quarreling from day 1. And she ilived with husband only for 5 days.
Divorce case is going from 4 years, now at final stage. She agreed in court that she was lived with husband only for 5 days. Court will give divorce, because now 8th year running of desertion.
Now husband opinion 1) taking the boy completely by filing custody OR 2)keeping son 1 year with mother and 1 year with father .
Which is correct sir?
P. Venu
(Expert) 01 August 2015
Even if the marriage could be irregular, all that the husband is liable is to provide maintenance to the to the son. The wife is employed, no maintainance need be paid to her.
Rajendra K Goyal
(Expert) 01 August 2015
Full case file need to be referred, consult local lawyer.
Samanth kumar
(Querist) 01 August 2015
Thank you all experts.
1) taking the son completely by filing custody OR 2)keeping son 1 year with mother and next 1 year with father .
Which is correct sir?
Dr J C Vashista
(Expert) 02 August 2015
1. Is it really believable story, can a lady conceive and deliver a child within 5 days of cohabitation?
2. You have stated she delivered the child within 8 months of marriage (which survived for 5 days) is it true?
3. You did not reply to the questions raised by expert Sh. Sudhir Kumar, which are very relevant and crucial to form an opinion, advise and guide, any reply??
4. At any point of time did you raise any doubt over the father-ship of the child?
5. Are you willing to take custody of the minor and applied to the Court?
6. What is the opinion and advise of your lawyer?
Biswanath Roy
(Expert) 07 August 2015
It is allegedly claimed in the query that the subject marriage was a love marriage so one can easily infer that the groom and bride were known to each other for a long time and could able to study each other and their likings and dislikings, under such circumstances it is presumably stands fallacious that 5 days after marriage the bride left her matrimonial place and proceeded to her parent's house probably due to maladjustment. Is it believable? Off course I am not suppressing my doubt about the birth of a child after 8 months 5 days from the date of marriage. I strongly apprehend that the wife during her love period became pregnant and that's why the unwanted situation compelled her to marry the boy inspite of her disliking. But such facts are intentionally suppressed by the author.
T. Kalaiselvan, Advocate
(Expert) 09 August 2015
A very good insight and observation by our senior learned and respected expert advocate Mr. Roy sir. He has a point in his observation that the girl had a compelling situation to marry this boy.
Well, about the custody of the child, what is the hesitation to take the custody of the child if the woman (mother of the child) is ready to give him away to her husband? What is that you want to say, whether he is willing or not, if willing, in the divorce decree itself it can be drawn that the custody of the child will remain with the husband and the matter will be decided and disposed accordingly.
Sudhir Kumar, Advocate
(Expert) 10 August 2015
You have to narrate facts or else the analysis of Mr Roy is to be believed by forum.
Samanth kumar
(Querist) 10 August 2015
Thanks for all experts. No despute of marriage. No doubt on pregnancy. Now wife is asking 30 lakhs for the sake of son. For this marriage against the will of parents of Husband , he lost relationship with parents. Wife told all friends and relatives Bad on him. All relatives are murmuring so much on him. Loss of social recognition ., so from many years , now (8yrs) staying far away from parents and relatives. Now doing a small job and attending court. Now at the stage of arguments wife is demanding 30 lakhs . Husband telling That he is unable to pay that amount, and ready to take son. Wife is not accepting. Next court is on 13th.
Samanth kumar
(Querist) 13 August 2015
Today finished trial. Husband told to judge that to take son , but wife is not willing to give son, but demanding 30 lakhs amount. Today finally judge told by merits I will give orders, and ordered both counsels to tell arguments on next date.
