Divorce case
keshav
(Querist) 02 June 2014
This query is : Resolved
My sister is married for the last 13 years. she has 2 kids elder boy, 12 yeas old and a girl, 7 years old.
From the starting years of marriage she is suffering in the hands of her husband. Her husband is been in affairs with many women since marriage and due to this he is mistreating her and also used violence many times. He even uses abusive words in front of children and outsiders too. Several times he has even asked her to leave the house.
So last year in april 2013 she left the home with the children and came to me. This time his husband filed a missing report of the children and wife with the police. so she went to the before the sdm of that area and recorded the statement that she is not missing and left home on his own and don't want to live any more with her husband
Now his husband has filled a divorce case against her.. so we want to know 4 things..
1. can her case be transferred to the court in our district on the basis that she is women, children are studying and she is having health problem.(interstate case)
2. which court has right to transfer the case her husband court in M.P. or our district court in C.G.
3. can she will get maintenance and money for fighting the case.
4. What are the factors that will affect the custodial right of children
Condition: she is living under my guidance nearby me and earning approx 8000 per month by doing sewing work in her home.
Shonee Kapoor
(Expert) 02 June 2014
1. Yes, it can be
2. Yes, but you would need to move Supreme Court for the same.
3. Yes, if she does not have the means and income to fight the cases. As she is earning 8,000/-, it would need to be seen how much the husband is earning.
4. "Welfare of the child" now that the elder one is 12 years old, his wishes would be taken in account.
Regards,
Shonee Kapoor
Handphone: +91-8010850498
www.shoneekapoor.com
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If you don't fight for what you want, don't cry for what you LOST.
Rajendra K Goyal
(Expert) 02 June 2014
1. Her case can be transferred to a court in your district.
2. Supreme Court court has right to transfer the case.
3.she will get maintenance and even higher maintenance if case properly pleaded and filed.
4. Court would consider the Welfare of children.
Sankaranarayanan
(Expert) 02 June 2014
No more answer to be required for your query i do agree with experts
