Suggestion requested

Congrats are in order for getting out of a 498A case. Don't you think your EX is entitled for custody of your children till they attain their majority? I suggest you mediate in this regard. Let bygones be bygones. Now that you have won, allow some concession. Do not deprive your children mother's care.

Hope this helps.

B S Rao

Sir,

Thank u for your kind advice. I have posted regarding denial of maintenance to wife based on 498a & 307 acquittal. But u r congratulating  for acquittal in 498a. Please read completely before giving any BHASHAN.

              You will know the pain of false cases on your entire family only when u experience the same. How can I trust a person who intentionally given false evidence and setup several false witness.

If i negotiate then she will come and again made false complaint filling the lacuna that are made in the 1st attempt.Already negotiations are made previously for 4 times and all the time they agreed their mistakes and written understandings are made and now they are stating that they are obtained forcefully.

Please, please, please think for a while before giving SUGGESTIONS as Lawyers are for solving problems by thinking practically and by going to any rhetoric

@Pradeep, you have got your own advocate.  Even then you come on this forum to seek advice.  O.K. Nothing wrong there.  But, if a gentleman (may be advocate) gives his piece of advice, then why you start to give crass remarks and behave uncouthly?  Do you want to hear only such advice, which is a sweet music to your ears?  Then pay to the advocates and get yourself a earfull of advice which sweetens you but their effect in the court of law, nobody knows.  We, advocates, give advice, we demand and are entitled to get respect, whether that advice suits or not to the queriest. Come to the particular question you are concerned, it is that the children are aged at about 10 and 12, the cognitive skills of both of them are developed, the court would like to know from the children themselves that their preference between the parents.  If the children tilt towards the mother, the mother has got a right to move maintenance application for the children, irrespective of that she is rolling in crores of rupees.  If the children tilt to the father, in addition to get the custody, then you also have the right to seek maintenance for the children, as she is, as per you, a wealthy woman.  Certainly, financial status of the parent is one of the paramount considerations while deciding the custody case because rich brings comforts and can also be translated as "welfare", but the propensity of the cognitive children towards which parent, will be the determining the factor to decide the custody of the children. 

Sir,

Thank u very much for ur response and accepting that there is nothing wrong there.In my chief I have accepted to pay the money to the minors . Moreover I have sent money to the minor even when there is no court order but unfortunately she returned  back.

Are u of the view that there is a rude remarks on my part? Could u state them. My concern is that is it proper on that member to give a piece of advice without complete reading of plea because as I have already stated we value the suggestions of this forum a lot.

Even my advocate is in dilemma whether to file 125 judgment  or not as she straight away conceded in the cross of divorce & custody cases that she is unable to maintain the children.My advocate is banking on some citations in which the custody is withdrawn from less educated & financially weak spouse and given to other parent. However in the 125 judgment there are 5 specific  findings against her.

Once again I am reiterating the view that one has to read completely before giving any advice and help the person who is in need of your expertise in the way of getting justice.

Mr. Pradeep, What makes you think I did not go through your entire post? I do not know the entire facts. My suggestion is in your best interests, to make your life easy and to make your children's lives easy. Future is more important and life has to go on. Legal proceedings will take all the time in the world and some day you'll feel it is not worth all this. You sought an advice. Advice is tendered free. Whether to accept or not is up to you. 

B S Rao

Mr. Pradeep, you are making a mountain out of a mole hill. I dont find anything wrong in the opinion given by expert Mr. BS Rao. It was his opinion, whether to accept it or not will be your decision but you dont have rights to pass sarcastic remarks on him individually. You are having different problems that iswhy you have approached this forum and here the members by sparing their valuable time and energy, do social service to the community by rendering free advises. I fully agree with the observations made by learned advocate Mr. Chandrasekar which are reproduced here: :if a gentleman (may be advocate) gives his piece of advice, then why you start to give crass remarks and behave uncouthly? Do you want to hear only such advice, which is a sweet music to your ears? Then pay to the advocates and get yourself a earfull of advice which sweetens you but their effect in the court of law, nobody knows.: What is your answer for this? Despite this, he has given a satisfactory opinion to your query which solves the issue.