Mr Harish chander (goverment offr) 08 July 2014

Divorcee

Sir ..i have filed a divorcee against my wife for cruelty. We are staying separately since May 2011. She has filed a case under DV Act against me my elder brother and my parents. The DV court has aken off charges against my brother. Litigation is pending. Is there a provision under marriage law that div is granted if ur staying away for a certain period ? The court has also granted me visitation rights once in a month till Dec 2014 to meet my 2 children..age 14 and 12 yrs. I have to tell the children the TRUTH of the matter , since they have been poisioned against me since 2011 as they are with the lady. The opposing councel shouts in the court that I am traumatizing the minds of the children...how can i prevent myself from 'Not telling' the children the truth..... I told them a bit of the truth in my 1st meeting...surely they would have questioned the mother . They want to prevent the kids to know the truth...Pl help what I should do ??

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1 Replies

Tajobsindia (Senior Partner ) 08 July 2014

1. Under Personal Law if spouse are living continuously for 2 years from each other without cohabitation just before filing a petition and using such 'desertion ground' if one has filed Divorce then asked Law exists.

2. Here you tell me that you have filed divorce under 'cruelty' ground and to use 'separation/desertion' as ground you have to specify when you filed the divorce case and its current status?

3. Telling children TRUTH of broken home by non-custodial parent is an Art. Too soon or too late has to be coached by using TIME to once advantage. Here you tell me that you are telling the parental separation or whatever causes as TRUTH to children during visitation hours and naturally children being curious might have checked with custodial parent and whole lots of trust-mistrust-hate chapter opened up
The advise here is to first take children in confidence by non-custodial parent and slowly raise their inquisitive level and then part away with familial TRUTH and not abruptly as tit-for-tat brain washing to once advantage as soon as one gets hold of separated children. it will cause more trauma to young minds.