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Raajeev Sampat. (Self employed.)     29 July 2012

Divorce ans child custody.

Dear Patrons,

                        I live in mumbai and my wife and two children daughter aged 10 years and son aged 4 years live with my in laws in hyderabad.I went through a bad financial patch and my wife decided to leave me to move in with her parents.We are separated since three years.Wife filed for divorce in october last year.Her petition is a concocted story of her past with me.She accused me of drinking and beating her up and talks of my financial incapacity to maintain the family.I never even touched her during our 10 years together.It is a fact that i was broke and lost money and couldnt maintain the family for about a year.After she filed for divorce and after repeated attempts to call her back in vain i filed for the custody of my children in feb this year.Along with the custody petition i also filed my counter to her divorce petition denying all the allegations also providing details as to what really happened which are real facts.After reading her divorce petition,my counter and my child custody petition the judge clubbed both the divorce petition and my child custody petition together.This was in march this year.Since 2 months the wife took dates from the court and one day came to court and filed her divorce affadavit attaching evidence of emails that i had sent to her brother asking for a loan in 2007.The judge returned the affadavit and asked her to file her counter to my child custody application along with her divorce affadavit.The next date she came and filed her divorce affadavit and her counter to my custody application.The judge then told her to file a joint affadavit for her divorce and my child custody petition.She was unable to do it for two months and last month she filed a memo saying that both the cases cannot be clubbed together.The judge got very angry annd rejected her memo and gave her 9th august as a date to file the joint affadavit.When she rejected her memo the judge passed a docket conditional order as 9th being the last date for her to file her joint affadavit.I want to know from you that what would be the next step in court and what do you feel about my case.



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     29 July 2012

Your financial problems in no manner entitle her to get  a divorce. Husband and wife are meant to be partners in life's testing times, if one is not able to do well economically, it doesn't mean that the other starts seeking a divorce. She has displayed willful contumacy to the court's orders and it is highly unlikely that she would succeed in her memo. It is in the spirit of HMA/Famyil Courts Act that that all matrimonial & alliedp roceedings are clubbed together. Rest regarding the merits of the case can't comment - consult your local advoacte

1 Like

Raajeev Sampat. (Self employed.)     30 July 2012

Bharat,

            The judge has passed a docket conditional order that if she has an additional affadavit then the matter is adhourned to 9th august for both the cases.Does that mean that if she is unable to file the child custody affadavit on the 9th the judge would dismiss her divorce petition and allowl my custody application?


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