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satyam   31 July 2017

Judgement pending divorce and section 27

Hi Team,

My wife filed petition (divorce and maintanamce section 27 ) last year in her native which is 2000 km far from my location, i already have attended 8 hearings and submitted all my replies to judge, where i have given details for her earning details. judge also concluded that there is no chance of compromise. she had claimed for jwelleries whch i already given and the same she accepted in front of judge.

i have filed for child visitation. where told us to talk and come to some conclution for child visit, i said we already tried and failed but again judge is saying us to talk and gave another dates, and this is what happening but not getting any judgement...i dont want to attend any more hearing...what will happen in this case?

 

 



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 13 Replies

Adv Radhika Mehta (Advocate)     31 July 2017

If you stop attending the hearings in the abovementioned proceedings, then your wife will get an ex-parte Divorce, ex-parte custody and maybe even an ex-parte maintenance order if she is able to satisy the Court regarding your income.  You may even lose your right to see your child as in the absence of any prayer to that effect, the Court may not grant you any visitation rights

Since your matter is showing no signs of being settled, you can either file for Transfer of the matter to a court within your local limits or in the alternative appoint a Power of Attorney Holder to represent you and seek exemption from personal appearance as not appearing in the matter does not mean your wife will not get any reliefs. 

satyam   31 July 2017

her demands are 1- divorce, 2 monthly maintemance for child, 3 the household items which they gave at the time of marriage. where already i agreed 2 and 3.

we are staying in two different states, can i ask to transfer the case to other city of the same state(where she has filed) if yes how to proceed.

can i file for child custody/visitation in my state?

Adv Radhika Mehta (Advocate)     31 July 2017

For transfer within the same state where she is staying, you have to approach the local High Court. 

Child Custody petitions have to be instituted in a place which is the ordinary residence of the child.  You can, however, file for Divorce/ RCR etc before your local Family Court and along with that ask for Custody. 

satyam   31 July 2017

i am not sure but i think my case is pending because i have filed for Child custody/visitation, i thought that CWA and section 13a/b and 27 do not have any link with each other but my judge wants to clear all cases at a time. Shall i withdraw CWA case and wait for judgement on her filed petition then i will file for CWA? please suggest me on this..

Adv Radhika Mehta (Advocate)     31 July 2017

I think you may have moved an Interim Application for Access in her proceedings. Kindly elaborate what you mean by CWA?

satyam   31 July 2017

sorry its GWA . first she filed petition then after attending 2 hearing I filed for custody and then one application for visit ....

satyam   31 July 2017

sorry its GWA . first she filed petition then after attending 2 hearing I filed for custody and then one application for visit ....

satyam   01 August 2017

please suggest me..

Adv Radhika Mehta (Advocate)     01 August 2017

Since you have already applied under GAWA, let those proceedings continue and apply a POA to represent you in the abovementioned proceedings. 

There is no connection between section 13 and GAWA but custody can be an ancillary relief in a Divorce proceedings. 

satyam   02 August 2017

i want the judgement of section 13 and 27 should be soon as everything is clear. so shall i withdraw the GAWA case. i guess i can file it again after judgement on section 13 and 27. somewhere i think GAWA is delaying the judgement. please correct me if i m wrong..

Adv Radhika Mehta (Advocate)     03 August 2017

Yes you are wrong in your thinking.  Both the Petitions must have been clubbed together. 

You say that you will withdraw your Petition under GAWA but please tell me, hasnt your wife sought custody in her Divorce Petition? If yes, then that issue will also be decided along with her Divorce.  Once an issue has been decided, then you cannot file another Petition on the same issue as per Sec 10, CPC

satyam   07 August 2017

i have again gone through her petition and found her demands are

For section 13

1. Divorce 2.amount for the case proceeding as she is not working which i already proved through RTI, and handed over the earning details to Judge. 3. Anything else which jugde feels appropriate.

For section 24 (sorry i earlier mentioned it section 27, section 24 is the correct one) demands are

1. 20000 for child and herself

2. 5000 for case proceeding.

now when i filed for child custody, she had replied that child was born in her native and father (me) never came to see the child, which is false i have proof photograph and vedio of  Bangalore where we statyed for 3 yrs.

Adv Radhika Mehta (Advocate)     09 August 2017

So she has not sought custody in her Divorce Petition? Surprising. 

I would still advise you to continue with the GAWA Proceedings already instituted and also move an Application seeking Interim Custody. 


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