Regarding Divorce and child custody

Hardik (Querist) 01 July 2016 This query is : Resolved
Dear sir, there is a case on me for maintenance, and another case on my mother of domestic violence. After consultation with my lawyer, I have applied for a case of divorce and custody of my 2 year old child in Madhya Pradesh near my hometown.
So I want to make sure that, weather it is compulsory for my wife to attend the pending dates? or she can reject petition saying that there is already one case going on me
Maintenance case is going on in Ernakulam, Kerala. Please suggest. My lawyer from Ernakulam is not attending my call or replying my messages. Also she do not have whatsapp or any other thing to communicate. When she picks up calls, she gets angry on me, even though I call her once in month. I am confused .

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Siddharth Dev (Expert) 01 July 2016
Dear Hardik

you should not be confused.
law is that if law permits two or more legal remedies then such numbers of cases can be filed and are sustainable.

Thank You;
www.satron19.com

Hardik (Querist) 01 July 2016
Thank you Siddharth sir. That means she has to compulsorily attend the posting dates, right?

Rajendra K Goyal (Expert) 01 July 2016
If your wife want and approach Supreme Court divorce case can be transferred near her residence.

Custody of 2 years son may not be given to you, you may prey for visiting rights.

If your wife does not attend the court, case may be decided ex-party.

Divorce case is independent / separate from the cases of maintenance and domestic violence.

If your lawyer is not attending your query, change your lawyer immediately.

R.K Nanda (Expert) 01 July 2016
Nothing to add.

Hardik (Querist) 02 July 2016
Thank you Rajendra sir for detail information. This is a big help.

Hardik (Querist) 02 July 2016
Sir I know this is not your concern, but I have already paid her money in advance and Kochi is around 1800 km from my place. If lawyers will keep on doing like this, it will mess my life. How do I make sure that new appointed lawyer won't cheat like the current one? Because before taking 5000 from me, she behaved so well. I am really scared, since I can't go that longer if lawyer keep on doing like that again and again.

Rajendra K Goyal (Expert) 02 July 2016
Dear Hardik,

If she is not attending your case properly after taking fees in advance, this is not a good professional approach from her.

You can not take risk with your case, it is in your interest to change your lawyer.

You can make a discrete inquiry before selecting your lawyer.

Siddharth Dev (Expert) 03 July 2016
With agreeing experts, Hardik you are right that your wife shall attend all dates of case.
Thank you;
www.satron19.cpm