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Uday (EMPLOYEE)     04 August 2015

Divorce: seeking help & suggestions

Wife filed a Divorce case under section 13 (A)(B) (making false allegations & desertion) from the place she is residing, Status - Evidence from petiotioner. Its been running since a year. Everytime they pray for more time and it goes to next month. Mediations failed several times.


Off late she didn't allow me to meet the kid and hence, I have filed an IA under 26 HMA for visitation and child custody of a baby girl (4 years 8 months). She objeted by making false allegations. These allegations causing mental cruelty & agoni. Im not able to concentrate on my health & career. Please help

Questions:
1. Can we file an IA on mental cruelty under 13(1)(i-a) (Desertion, Threatening, Cruel behavior, Allegations, Abusing and accusing)similar to IA under 26 HMA?
2. Do I have to file a separate case for divorce under mental cruelty? 
Considering the future of the kid was quite so far. Looks like its not working out.
3. If separate case has to be filed? In which juristriction do i have to file? 
Place where case already running? or Place of my residence?

Please advice on how to strategize and argue on on IA under 26 HMA.(docs, proofs, evidences to be used) 



Learning

 1 Replies

adv. rajeev ( rajoo ) (practicing advocate)     04 August 2015

In my opinion you will have to file a seperate divorce petition on the ground of cruelty.  Petition will have to be filed where the marriage takes place or both resided last together.


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