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ANIRBAN CHAKRABARTI (Principal Architect)     18 April 2015

Fighting divorce case in the interest of child

I am fighting a divorce case in the best interest of my daughter, whom I love very much. My in-laws are deceiving me for last 10 years in the name of marriage. They have dictated my wife to voluntarily desert my home in the pretext of going to parental home in their narrow commercial and personal interest of using law as a tool for extortion.

I consider my case as complicated as I have filed RCR before I had any information about wife and also before divorce summon reached me. Her petition is very weak and only one frivolous evidence is being shown, which can be argumented and brushed aside very easily. 

Many people are advicing me to go for a mutual divorce with money settlement, but I feel it is non-ethical that criminals pay their victims in order to stop their victims' mouth and I am not a criminal. She would lie to the earth that I accepted my faults, felt guilty, and that is why I settled it with money. 

My question is how long can I drag it in Mumbai Bandra family court and in Bombay high court, so that at least my daughter can attend majority, before I release wife from marriage? She is 8 years old. I am very scared about in-laws, who can use my daughter against me in future for satisfying their perverted mentality. I am ready to rot in Indian court system in the interest of my child.

 

 



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 3 Replies

sandykrish (Interested in Family LAW)     19 April 2015

Dear querist, fight for custoty of child and summon wife via Guarandian and Wards act of 1890. If you have a solid proof of wife deserting you, you have a slight change of getting the custody of the child, but winning depends on several factor like child willingness to stay with you, socioeconomic factors as judge will see the development of child in the best interest of of child's growth. In this typical scenario the marriage life is completely dead 10 yrs of separation and you have applied RCR makes no sense. If you feel your wife is on the extortion spree, withdraw RCR and apply for contested divorce and apply for the custody rights per the above act. Please feel free to ask us if you have any questions.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     19 April 2015

Sir, Yes file a case for divorce on the ground of cruelty and seek child custody qua a petition for child custody ..... Linger the divorce matter for maximum years you can ..... Warm Regards Kapil Chandna Adv 9899011450

T. Kalaiselvan, Advocate (Advocate)     29 April 2015

If you have filed the RCR case, allow it run simultaneously or file a petition for a joint trial of both the cases in the same court.  This way you will find time to drag on the proceedings to desired extent and also file a child custody case which will again get dragged for a longer time, but as you rightly observed you may be pushed to rot in the courts every now and then for one or the other reason.


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